Legal Question in Bankruptcy in United States
my husband and I filed for chapter 7, we received a discharge from our debts. I received a letter stating that I still owe for my student loan that I have repayed.
5 Answers from Attorneys
As I am sure your lawyer told you, student loans are not discharged in Chapter 7. If you repaid it in full, then they made an error (send them copies of your receipts for payment). If you didn't you owe the money.
If you have paid, just send them the receipts. Bankrupcy does not discharge student loans.
Bankruptcy does not wipe out pretty much all student loans unless you bring a lawsuit (called an adversary proceeding) to have the court determine that it would be an undue hardship to have to pay the loan. So, unless you undertook an extra "step" the case wouldl have been closed without any effect on your student loan.
I would suggest that you reply to the letter you received about your student loan & ask for an accounting of this debt before you send your records off to them. Creditors & collectors make mistakes all the time & there is no point in giving the creditor the ammunition of your records before they show you what they have. Good luck!
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