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  1. #1
    Join Date
    Jul 2008
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    1

    Default Private Student Loan Discharged in Bankruptcy - Now Being Sued

    My question involves bankruptcy in the state of: Ohio

    My husband filed for bankruptcy chapter 7 in July of 2005. His private student loan with Sallie Mae was supposed to have been discharged under the old law that didn't change until October that year. They are now sueing us for non-payment. Our laywer is on vacation for all of July and seems to have left no one to take his place while he is gone and we have to file an answer in two weeks or less. I was told that all we have to do is include the original bankruptcy discharge papers, the information from Sallie Mae stating that this signature loan was indeed a PRIVATE loan (which at that time did not fall under the same protections as Federal Student loans), and we need to include a statement of the old bankruptcy law under which this private loan should have been discharged. I believe it would have fallen under the "unsecured non-priority claim" guideline. Does anyone know the specifics of that old law? Where I might find a copy of it?

    Thanks in advance.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Private Student Loan Discharged in Bankruptcy - Now Being Sued

    Quote Quoting wkendwench
    View Post
    I was told that all we have to do is....
    This is what the law firm handling the lawsuit told you?

    There should be historic versions of federal statutes available at an area law school's library, and possibly at the federal courthouse or your county's law library.

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