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My Peaks Student Loans Were Discharged in Bankruptcy. Weren’t They?

By on January 5, 2015

“Dear Steve,

Filed for Ch. 7 Bankruptcy, officially discharged on Sept. 30, 2014. Had several Peaks Private Student Loans included in the discharge. They KEEP calling me and saying that they are not debts that can be discharged.

They are demanding that I reaffirm the loan and refusing to call my attorney. They keep threatening to put this debt on my credit report yet the debt was discharged in my bankruptcy.

Can a private student loan still be collected upon even after it was included in a discharged Chapter 7 bankruptcy?

Donna”

Dear Donna,

They may be right. Just because these loans were included does not mean they were discharged. That being said, some private student loans can be discharged easily in bankruptcy but these are typically loans that are outside the statute of limitations or were for non-Title IX schools. You can read this article for more information on discharging your private student loans in bankruptcy.

You should really call your attorney and discuss this matter with them and see if they need to pursue the discharge of the loans through an Adversary Proceeding if these loans did not meet those two criteria above.

Please post your responses and follow-up messages to me on this in the comments section below.

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About Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

One Comment

  1. Steve Rhode

    January 5, 2015 at 5:33 pm

    A surprise that Donna thinks the student loans were instantly discharged in her bankruptcy.

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