Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Unless you filed a Complaint to Determine the Dischargeability of your student loans and the Court made a determination that your student loans are dischargeable, you are still liable for the student loans.
If you included the student loans in your Chapter 13 plan but the student loans were not paid off during your Chapter 13 case, you are still liable for the remainder of the loans. The fact that you were granted a discharge after the confirmation of your plan is irrelevant as your student loans payments are most likely going to outlast your Chapter 13 plan, which was either a 3-year or a 5-year plan. Thus, you are still going to be receiving collection letters on the student loans if they were in fact not paid off during your Chapter 13 plan.
You said "confirmation" in your narrative which implied that you filed a Chapter 13 because with a Chapter 13 you have a confirmation hearing as to your Chapter 13 plan. There is no confirmation hearing in Chapter 7 case. As for the complaint to determine dischargeability of your student loan, it is not the Court's responsibility to tell you how to handle your bankruptcy case. Student loans are generally not discharged in a bankruptcy case unless you as the debtor file a separate action to ask the court to discharge it. This action is called Complaint to Determine Dischargeability. This is a separate hearing from your Section 341 Meeting. The fact that you file a complaint to determine dischargeability does not automatically mean that your student loans will be discharged. Court has to collect evidence, hold hearings before a decision is made. Most attorneys charge separately to handle this proceeding and they charge hourly. I do not know what kind of discussions that you had with your bankruptcy attorney with regard to your student loan so I cannot comment why you were not notified that your student loans are not dischargeable. You may want to review your fee agreement to see what your attorney agreed to do for you. If you look at your Discharge Order, it specifically lists your student loan as one of the debts that will not be discharged in your bankruptcy.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).