Legal Question in Bankruptcy in Arizona

I filed for chapter 7 bankruptcy in 2008, and was discharged in December 2008. In my paperwork, i included my student loans, even know I know they are technically not dismissible in bankruptcy. I assumed the bankruptcy court would tell me I need to remove them from the petition, but they did not and discharged me based on the paperwork I filed, which included student loans.

I am wondering if I can go to my student loan creditors and say that since the paperwork was accepted and I was discharged with the student loans on there they have to honor that? Or does it not matter, and they aren't allowed to be discharged so the technicality doesn't matter?

Thanks in advance for any advice.


Asked on 5/26/11, 2:16 pm

2 Answer from Attorneys
Cindy Greene Carmichael & Powell, P.C.

Student loans must be included in your Petition as they are debts you owed at the time of filing your case. Student loans are usually not dischargeable unless you can prove extreme hardship. This standard is very high and rarely applies to most all debtors. Information listed in your Petition is not what discharges debt. The law that applies to the type of debt is what makes it dischargeable or nondischargeable. Thus, student loans are not dischargeable even though you listed them in your Petition.

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Answered on 5/26/11, 2:28 pm


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