Legal Question in Bankruptcy in California

Dischargable student loan?

I had a Bar Loan that was private (i.e., not government or non-profit guaranteed). After my bankruptcy closed, I called the company, and the customer service person told me the loan hadn't defaulted yet. I said, but what about the bankruptcy? I said, "Was the loan discharged?" I said, "'Discharged means I don't have to pay it." She said, "Yes, it was discharged." Yesterday, I get a letter from an agency I never heard of who claims it was the guarantor of this loan, that they paid off my loan when I "defaulted", and now I owe them the money. They also say, because they are a non-profit, that the loan wasn't discharged in the bankruptcy. Can such an entity essentially buy my loan after I've declared bankruptcy? Also, can they become a guarantor without informing me? Can the original lender say I've "defaulted" without communicating with me in anyway, such as sending me a letter saying, your loan wasn't discharged, you need to pay, etc.? I got such a letter from SallieMae. Any info/help would be appreciated, as I have to respond to these people, and I am not impressed with them thus far.


Asked on 1/28/98, 8:01 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Dischargeable STudent Loan

Well, you ask some very interesting questions, but unfortunately your facts are a bit unclear. For starters, I don't know what a "bar" loan is. Is that a student loan? If it's a regular unsecured debt, why would a federal agency become a guarantor? What Chapter of bankruptcy did you file under? I can't really address your question without a lot more information. If you need further assistance, I recommend you visit my web page below and give me a call and we can set up a consultation.

Best Regards,

Mark

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Answered on 1/29/98, 7:56 pm


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