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  1. #1
    Join Date
    Dec 2010
    Posts
    3

    Default Re: After Chapter 7 Collections on Private Student Loan

    Thank you once again for your time and effort. For the record, they were Stafford loans from Sallie Mae which is a private company, but I always had to complete a FAFSA (federal application for student aid), so does that complicate/change matters? For the record, I filed in 9/05.

    I did some research and I thought I read repeatedly that the federal trustee at that TIME, still had the authority to address an undue hardship and discharge student loans. I will keep an eye out for your reply if you have the time again.

    I may wait a bit to hear back from you before I contact my attorney. Last question, but how can I access the court records at the federal courthouse? Funny thing, but Transunion and Experian representative basically swore that the updated information from the actual student loan company was the unquestionably truth and for me not to worry. However, I also realize that money is the root of all evil and I will believe it when I see it (I have seen it on 2 credit reports). Take care and happy holidays to everyone!

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: After Chapter 7 Collections on Private Student Loan

    Quote Quoting mounty1966
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    Thank you once again for your time and effort. For the record, they were Stafford loans from Sallie Mae
    Sorry, Stafford loans are govt. backed loans. . . not discharged pre or post BAPCPA. My guess is that at some point you will be contacted by Educational Credit Management Corp who usually services such loans.

    The only way to discharge such loans through a bk is to file the appropriate 523 Complaint. A Trustee has no authority to do anything. The Trustee's job is to find assets for the benefit of creditors. He does not represent a debtor's interests.

    Des.

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