Legal Question in Bankruptcy in California

When is a ''student loan'' not a loan?

I am in a situation similar to those who have garnishments against them for private student loans. I had a discharged Chp 7 which list the debt, but was contacted by Univ. counsel after the discharge stating they did not consider it discharged. There was never a ''loan'' initiated. I did not have an account, I was not disbursed funds. Administrative errors allowed me to remain in classes for a year before I was sent one letter requesting payment, then sued for breach of contract and disenrolled. Of course I am unable to obtain transcripts or anything from the Univ. w/o going through counsel, and this is a problem unless I agree to pay. I guess my question is, what do I do at this point?


Asked on 8/20/05, 1:09 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: When is a ''student loan'' not a loan?

Talk to your bankruptcy lawyer and see if he/she can figure it out. If there was no student loan and you owed money for overstaying your welcome, that should have been discharged.

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Answered on 8/20/05, 2:52 pm


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