Legal Question in Bankruptcy in Minnesota

Student Loans Discharged in 1985?

I filed bankrupty for medical reasons in 1985, and my student loan was named in the bankruptcy. They never responded, and now--many years later, they have come back to ''haunt''--or ''harrass'' me. I have sent letters telling them this, but those letters seem to be ignored. I have contacted the Ombusdman for help in this matter, but that takes some time, and meanwhile I keep getting the unwelcomed notices. I am currently unemployed, and as others, and although I am actively seeking employment, have no guarantee of when I could get some, how much it will pay, and meanwhile incur and get behind in other bills. Since thise bankruptcy, I have had a hard time keeping up with the normal bills of everyday life. What can I do? Shouldn't this loan have been forgiven? At my age (over 50) I would never be able to pay this off at small payments each month. And I can't afford an attorney, as I said, I am unemployed. Please advise.


Asked on 1/19/05, 11:11 am

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Student Loans Discharged in 1985?

My understanding is that, even back in 1985, student loans are not discharged in Chapter 7 unless you do an adversarial proceeding as part of the bankruptcy and get an order from a judge saying specifically that the loans are discharged.

An adversarial proceeding is a whole separate case in the bankruptcy court and is not part of what a lawyer usually would do when handling a bankruptcy without being paid an extra fee.

In short, your student loans were probably never discharged - which is why they are after you. The good news is that it is not too late to do a new bankruptcy and try the adversarial proceeding now. It would, however, not be free.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 1/19/05, 2:33 pm


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