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Paying on a Discharged Student Loan After Successful Chapter 7

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  • 05-24-2010, 05:51 PM
    Stevo
    Paying on a Discharged Student Loan After Successful Chapter 7
    Prior to our marriage, my wife earned two college degrees i.e. BA and an MFA (1996). In 2004 she filed chapter 7 bankruptcy and successfully had the MFA student loans discharged by the bankruptcy Court as well as other debts. Her BA student loans were co-signed by her father and were not discharged.

    In 2007, after our marriage, my wife returned to college and earned a third degree i.e. MBA. With all three student loans being bought, sold, transfered, deferred, forbearance, etc., My wife eventually started to pay whatever came in the mail losing track of what loan was what.

    NOTE: Each college degree carries 7-9 individual [small] loans rather than one large manageable loan amount. We were plagued with 25 or more student loan bills a month.

    Recently, in an effort to increase her credit score, My wife consolidated all of her student loans. I noted, after reading her credit reports, that one of her student loans had been discharged in bankruptcy Court [as well as other discharged debts]. I also noted that she had been making payments on this discharged student loan and a record of late payments had been generated.

    I'm more concerned with the student loan consolidation than with the credit reports. The Dept of ED included the chapter 7 discharged student loans into the consolidation package.

    So, long story short. Did the making of payments on discharged student loans re-affirm those student loans [consent]? Or is the bankruptcy chapter 7 Court ruling finial? Any other knowledgeable advice would be appreciated as well.
  • 05-26-2010, 09:23 AM
    Mr. Knowitall
    Re: Paying on a Discharged Student Loan After Successful Chapter 7
    It's probably a bit worse than reaffirmation. A consolidation loan normally pays off all of the prior loans and wraps them up into a single, new loan. If that happened, the original lenders have been paid off. The discharge wold not affect the enforceability of the new loan.
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