Legal Question in Bankruptcy in Connecticut
Discharging student loan
In 1999 I Filed bankrupsy in Connecticut, included on my discharge (chp 7), student loan from 85, Connecticut Student Loan Foundation was formally notified, did not challenge, judge did not question it in his final discision, discharged all of my debts, is this legally discharged since it was'nt petitioned at the time? CSLF is still taking my tax returns.
2 Answers from Attorneys
Re: Discharging student loan
Under the federal bankruptcy statute, a student loan cannot be discharged in a Chapter 7 personal bankruptcy. You still owe the Connecticut Student Loan Foundation for your loan, and they will continue to garnish your refunds from the IRS until the loan is paid in full.
Re: Discharging student loan
Higher Education Amendments of 1998, Public Law amended The Bankruptcy Code � 523(a)(8) to make all student loans nondischargeable. The issue depends on the date of your filing. Those amendments were effective for cases filed on or after October 7, 1998. Prior to that amendment, any old loan (more than 7 years old) would be dischargeable. There is also a question of hardship. Hard to show in Connecticut. When did you file and are there any factors of hardship are issues that I need to consider to give a more complete answer. If after the October 1998 date, then it is very hard to avoid a student loan.
I hope that this helps.
Joel M. Grafstein, Esq.
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