Legal Question in Bankruptcy in Maryland

post bankruptcy

My bankruptcy was discharged in 2004. Part of the bankruptcy included student loans. I started receiving calls from a collection agency re: these student loans. The company states that after 1998 the loans are not dischargeable. I am not aware of the laws regarding this, and if this is in fact true, shouldn't my bankruptcy lawyer had informed me of this at the time that I filed three years ago? My court documents state that the loans are discharged, but am I still liable? My discharge papers are legally binding documents, right? What are my rights?


Asked on 4/08/07, 3:06 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: post bankruptcy

The discharge discharges dischargeable debts. The bankruptcy code lists certain types of debts that are not dischargeable, including certain taxes, spousal and child support, and student loans. Unless you got an express determination by the court that because of undue hardhip your student loan is discharged, it is not discharged. Should your lawyer have told you this? Probably.

Read more
Answered on 4/08/07, 3:13 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Maryland