Legal Question in Bankruptcy in California

student loan bankruptcy

In 1995, I filed for BK which included student loans. Now Dept. of Ed. says when I filed Public Law was 7 yrs for defaulted loans. My promissory note states 5yrs. Is this prom. note a binding contract? If 5yrs is not allowed would prom. note be null and void? My signed contract is 5 not 7 yrs.


Asked on 7/02/06, 6:32 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: student loan bankruptcy

I do not think you will find any attorney anywhere who will know the answer to this one. Student loans and bankruptcy are a quagmire. But, it is a quagmire for the lender as well. This means that the ultimate result in court is unpredictable. I would have to do a very thorough review of your case and loans to see if there is a way to get you out of this, i.e. statute of limitaitons or contract language, or waiver, etc. You can call me to discuss your options.

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Answered on 7/02/06, 5:07 pm


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