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  1. #1
    Join Date
    Sep 2010
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    Default Student Loan Lender Won't Provide Copy of Promissory Note

    My question involves collection proceedings in the State of: Va.
    I had posted on here and a person answered the question, but I want to know your thoughts. My student loans through Sallie Mae were Tuition Answer loans which is a program they no longer have. I was told by an agent that the reason they did away with these type loans was because of them being private funded not federal. That being said and the fact that SM will not provide me with copies of the original promissory documentation, could these possibly be dischargeable, if not dischargeable, could Ch 13 be used to try and organize stuff a little bit. Thanks for any help and info.

  2. #2

    Default Re: Student Loan Lender Won't Provide Copy of Promissory Note

    Quote Quoting novermyhead
    View Post
    My question involves collection proceedings in the State of: Va.
    I had posted on here and a person answered the question, but I want to know your thoughts. My student loans through Sallie Mae were Tuition Answer loans which is a program they no longer have. I was told by an agent that the reason they did away with these type loans was because of them being private funded not federal. That being said and the fact that SM will not provide me with copies of the original promissory documentation, could these possibly be dischargeable, if not dischargeable, could Ch 13 be used to try and organize stuff a little bit. Thanks for any help and info.
    Student loans are non-dischargeable in bankruptcy. It doesn't matter whether they are federal or private. It doesn't matter whether you are filing for a Chapter 7 or Chapter 13.

    If they are private as you say and if they do not show up in the NSLDS database, then they are subject to your state's statute of limitations. If you have defaulted on these loans and several years have passed since the last activity on these loans, then it is possible that any legal actions on their part may be time-barred.

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