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#1 10-01-2009, 05:54 AM

I recently filed for a Chapter 7 bankruptcy but I'm a little concerned about my student loan. I know student loans can't be discharged but will I have a problem getting my Stafford Loan for next year because of this. I have one more year left of school and I'm afraid I won't be able to finish because of my financial hardship. Can anyone help me with this question..

Thanks
Leo71

SOAPLADY · #2 10-01-2009, 08:21 AM

Stafford loans are not credit based so you will not have issues.

#3 10-01-2009, 09:38 AM

So my monies for the Spring of next year won't be affected because I'm filing.

katcunnington · #4 11-03-2009, 07:49 AM

Actually, it can affect your loans.....I went thru this very same thing when we filed a Chapter 13 in 2004.

Although student loans cannot be included in a Chapter 7 or 13, EVERY debt you owe has to be reported to the courts and in turn, that debt will show up in the bankruptcy papers. On my credit report, it actually reads "included as part of bankruptcy proceedings"

When it came time to get my loan, I was turned down because although the loans were just listed as being "owed" they were still mentioned in the bankruptcy and the lender for my Stafford loan threw a fit! They weren't going to let me have the money until my lawyer sent them a letter stating the loans were only listed as debt, and that they were not discharged/defaulted on. I finally got my loan, but it took pulling eye teeth every semester after that to get it.

Good luck and I hope you have a good BK attorney who is willing to assist you, even after they have provided their services and the case is over and done with.

SOAPLADY · #5 11-03-2009, 07:57 AM

Who was your guarantor?? This is common everyday practice with student loans...each guarantor has a lock box set up for payments made during BK. Some lenders will not lend while you are in active chapter 7 (between the filing and dishcharge) but lending to people in chapter 13 is common practice. Someone must not have read that memo.

katcunnington · #6 11-03-2009, 09:19 AM

Quote:

Originally Posted by SOAPLADY

Who was your guarantor?? This is common everyday practice with student loans...each guarantor has a lock box set up for payments made during BK. Some lenders will not lend while you are in active chapter 7 (between the filing and dishcharge) but lending to people in chapter 13 is common practice. Someone must not have read that memo.

Now that I think about it, we filed a 13 in 2004 and paid on it for 2 years, the payments got to much (hubby lost job) and we converted to a 7.....THAT's when the problems started

My mind is old....I can't help it sometimes, lol