Legal Question in Bankruptcy in Iowa

Discharge of student loans after 7 years
I understand that student loans may possibly be discharged if seven years have elapsed from the time payments began until a bankruptcy is filed, excluding times of fore- bearance when payments were not required.
My question is: do months when one was neither making payments nor did one have permission to postpone payments count? Specifically, what about several months' time when I just did not make payments before filing for bankruptcy, but no default had been filed against me yet, nor did I have any authorized forebearance or deferment? Do these count toward the total of "7 years"?

Asked on 11/07/97, 7:14 pm

Daniel Press Chung & Press, P.C.

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Calculation of 7-year dischargeability of student loans

Only formal deferments are excluded from the 7-year period. Periods when you are in default still count towards that time.

Answered on 11/09/97, 10:34 pm

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