Legal Question in Consumer Law in California

Student loans/Bankruptcy.Consumer Attny

I had an attorney tell me that we needed a Consumer Attorney who specialized in Student Loans.

My son went bankrupt, as did we, before the new laws applied in 2005. with Attorneys advice. Student Loan was privately owned, by Chase.Was documented.We even have the emails from Sallie Mae saying that they could not be consolidated since they were ''private loans.''.He went bankrupt.Afterwards Attorney shook his hand and said, ''This is a first. you have been released.'' So did the judge.Next thing we know the attorney calls and says that we need to ''renegotiate and reclaim'' the loan after it was released at a lower rate.

We refused to let him sign it.So, how do I get a copy of the actual document of bankruptcy to see if it was actually released and that we were not being duped (he said the attorney for Sallie Mae was an old friend of his from law school and that we were being given a good offer'') The Salleie Me attorney even wanted him to resign and reclaim the debt which we refused to do. Sallie Mae has begun to call him again.He is in Default.We never would have let him BK had we known he could not get rid of the ''private loan''.Interest on his $25,000 loan is $39,000 How can this be legal?Please help?


Asked on 6/12/07, 3:12 pm

3 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Student loans/Bankruptcy.Consumer Attny

The issue of what types of student loans are dischargeable or not dischargeable in bankruptcy is an extraordinarily complex issue. The case law is all over the board on this one. Generally, if there is any way a lender can show that their loan was somehow part of a program that was in some way connected to a government program, then the loan will be non-dischargeable. For example, if the loan was provided to you as part of a package that included both private and government loans, then the loan may not be dischargeable. You may bring an action in bankruptcy court to determine dischargeability of the loan--but the cost of doing so may end up being more than the amount of the loan. So, working out a compromise looks like not too bad an option.

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Answered on 6/13/07, 1:18 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Student loans/Bankruptcy.Consumer Attny

Generally, student loans can't be discharged, even if they are private loans. I believe the attorney was mistaken if he told you otherwise.

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Answered on 6/12/07, 3:14 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Student loans/Bankruptcy.Consumer Attny

You need to go to the bankruptcy court, get a copy of the file and sit down with a consumer attorney to review it. Pay for an hour or two of the attorneys time. You can find a consumer attorney at www.naca.net

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Answered on 6/12/07, 3:23 pm


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