Legal Question in Bankruptcy in California

chapter 7 bankruptcy filed in 2002

My student loan from US Dept of Education is on my bankruptcy papers does this mean it was discharged? How could I find out?


Asked on 11/20/08, 3:04 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: chapter 7 bankruptcy filed in 2002

Probably not - student loans are not (and were not back in 2002) dischargeable unless two conditions were met. In my experience, it required the filing of an adversarial complaint to obtain a determination by the Bankruptcy Court that the student loans are discharged. Go back through your paperwork, and if no adversarial complaint was filed during the pendency of your proceeding, then I would have to say they were probably not. You may want to buy an hour of a local bankruptcy attorney's time to reivew the matter and help you figure out what did or did not happen.

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Answered on 11/20/08, 4:03 pm


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