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cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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Im very confused about the issue of student loans. Here is

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I'm very confused about the issue of student loans. Here is the background info before I ask my questions: The Western District of MO requires, pursuant to local rule, that if a student loan was made or guaranteed by the federal government, that the matrix mailing list contain the US Attorney, Attorney General, and the appropriate government agency. Here are my questions: (1) When federal student loans are currently owned by private banks, such as Wells Fargo, and the guarantor of the loans is no longer the federal government, do I still need to list the US attorney and "the appropriate federal agency" on the matrix? For example, I have one student loan that is owned by Wells Fargo and guaranteed by American Education Services. I have another student loan with Sallie Mae that is guaranteed by United Student Aid Fund, and another one from MOHELA that is guaranteed by the MO Dept. of Higher Education. Therefore, it appears that even though these were federal loans at their inception, they are no longer owned by the federal government. Nor are they guaranteed by the federal government at this point. SO, do I list the US attorney, Attorney General, and "appropriate" federal government agency (such as the Dept of Education) on the matrix??? (2) If I do list the US attorney and the "appropriate" federal government agency on the matrix, do I have to serve the US attorney and government agency with my petition and other filings pursuant to 523(a)(8) and pursuant to Fed.R.Bankr.P. 7004? I'm not sure if they would need to be served since I am NOT filing an adversary proceeding.
Hi JACustomer,
1) The directive says "if a student loan was made or guaranteed by the federal government" (italics added). If any of your loans were federal loans at their inception, the US Attorney, Attorney General, and appropriate government agency should be included in the matrix. Additionally, if you are not sure whether or not the federal government was ever involved, you should just go ahead and include those in the matrix anyway, as there is no penalty for listing more creditors than necessary in the matrix.
2) The answer is no, because you would have to give notice (summons and complaint) - pursuant to section 7004- only if you were filing an adversary proceeding.
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Customer: replied 6 years ago.

Ms. Fortunato,

Thank you so much for answering those questions! I will gladly "accept answer" and leave positive feedback. I do have one more related question that you might be able to easily answer -- would the appropriate government agency to include on the matrix (in addition to the US Attorney and Attorney General) be the Department of Education? Should I locate a number for the Dept. of Education and call to confirm that is the right government agency and also to get the right address because I have found a few different addresses for the Department of Education. What do you think?

Thanks so much!


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