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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12955
Experience:  B.A.; M.B.A.; J.D.
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Back in June of 1991, a Chapter 7 bankruptcy was filed, which was dischaged in October of

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Back in June of 1991, a Chapter 7 bankruptcy was filed, which was dischaged in October of that same year. Included in that filing was an educational loan. I'm being told by the institution that I didn't qualify to have the debt discharged as my date of filing was 11 days prior to a change to 11 USC 523(a)(8) in 1990. Nothing in the court documents show this debt was NOT discharged, nor is there anything showing any objections to it by that institution. Unfortunately, I don't have the paperwork any longer and only summary data is shown on PACER. How do I determine if that particular debt was discharged?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


When did you graduate from school?
Customer: replied 2 years ago.
June 1988
Expert:  Phillips Esq. replied 2 years ago.

Thank you for the information.





Your Question
: Back in June of 1991, a Chapter 7 bankruptcy was filed, which was dischaged in October of that same year. Included in that filing was an educational loan. I'm being told by the institution that I didn't qualify to have the debt discharged as my date of filing was 11 days prior to a change to 11 USC 523(a)(8) in 1990. Nothing in the court documents show this debt was NOT discharged, nor is there anything showing any objections to it by that institution. Unfortunately, I don't have the paperwork any longer and only summary data is shown on PACER. How do I determine if that particular debt was discharged?




Response: Unfortunately, your student loan is not dischargeable. The history of dischargeability and non dischargeability of students loans are quite complex. So, I will post here the summary from U.S. Department of education and provide you with a link to “FinAid:”



http://www.finaid.org/questions/bankruptcyexception.phtml






"Effective May 28, 1991 and prior to October 8, 1998, a loan or grant liability was discharged by entry of a general discharge order if the first payment came due on the debt at least 7 years before the bankruptcy was filed. Prior to 1991 amendments, only five years was required. Any grace periods, forbearance, or deferment must be subtracted from the time elapsed between the first payment due date and the filing date when calculating time in repayment. Debts outstanding for less than the required seven year period could be discharged only if the court made an express finding that the repayment of the debt would place an "undue hardship" on the borrower. These non-dischargeability requirements apply to educational loans received by both student borrowers and by parent borrowers, and apply to loans received by any kind of borrower to pay off prior loans (Consolidation Loans)."



If you graduated in June 1988 and filed for bankruptcy protection in June 1991, then the loans borrowed for your education were not due at the time you filed for Bankruptcy protection because you had a grace period immediately after graduation before your loan was due. Also, you had the opportunity to take advantage of deferment (2 yrs) and forbearance (another 5 years) if you requested for those and thus, the loans would not be dischargeable.






Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12955
Experience: B.A.; M.B.A.; J.D.
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