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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed bankruptcy in Texas in 2005 and have had the bankruptcy

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I filed bankruptcy in Texas in 2005 and have had the bankruptcy discharged. One of the creditors was a student loan company that I had an outstanding balance of $5,200 with. The debt was included in the bankruptcy and nothing was said to me about student loans not being discharged at the completion of the plan. A report from the trustee shows a $47 monthly payment to the loan company. Just recently, I received repayment terms from this company showing a principal balance of $5,000. Isn't the interest on a loan supposed to be suspended during the bankruptcy period? Shouldn't the loan company have applied the entire $47 monthly to the principal of the loan? Are, indeed, student loans not dischargeable and should they have filed their claim differently so that I would have been aware that I would be responsible for completing the payments after the discharge of the bankruptcy? Thank you for any and all help.

The interest on the loan is not suspended by bankruptcy - it still accrues interest, but the creditor is barred from collection because of the automatic stay.


The funds can be applied however the creditor sees fit.


Student loans are not dischargeable in bankruptcy, and there are no additional filing requirements of this kind of lender.

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Customer: replied 7 years ago.
Okay, not the answer I was hoping for, but at least I know the situation. Thank you for your help.
This is unfortunate, but the law is the law. Hope things turn out well.

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