Legal Question in Bankruptcy in West Virginia

bankruptsy of a student loan

i filled bankruptsy in 1994 and included a student loan that originated in the early 1980s. i was told by the atty that it was bankruptable now the us dept of edu has decided that it wasnt and waited untill 2003 to send me notice and have charged ten years of interest .what can i do


Asked on 1/25/05, 9:25 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: bankruptsy of a student loan

You ought to consult with your original bankruptcy lawyer. Prior to the 1998 Amendments of 11 USC 523 (a)(8), student loans that first became due more than 7 years prior to the filing of the petition were dischargable. If your facts are accurate and the lender was listed as a creditor or had notice of the filing, the debt is discharged. After the 1998 Amendments discharge is available for student loans only in the case of hardship.

Read more
Answered on 1/26/05, 7:43 am


Related Questions & Answers

More Bankruptcy Law questions and answers in West Virginia