Legal Question in Bankruptcy in Illinois

Think you need to check your dates. Student loans were not able to be discharged in 1998 - it does not matter when the debt was incurred - it matters when you file for BK. The only way to discharge a student loan at that time is if it was from a private company not government guaranteed, if this is the case and you just found out you may want to talk to a malpractice attorney. Second scenario is that you attorney made a motion for extreme hardship which was granted - nearly impossible FYI - think being without arms, legs, blinded and unable to communicate - that is about equal to the standard used by the court. Since you have now consolidated, you are likely stuck with it for life as that is equal to saying you can pay so there is no exteme hardship and was none at the time you filed. IF and ONLY if this was a completely private loan - you MAY have a cause of action agasint the BK attorney. This is very trickey so have all your paperwork from the original loan in hand and make an appointment with another attorney to go over it.

Good Luck