How do I find out exactly what was discharged in my Chapter 7 bankruptcy?

I received a bill for the student loans stating that they were not discharged during my Chapter 7 but my credit report shows them as discharged. I have a copy of what was included in my bankruptcy and the discharge notice from the court. However it doesn’t give specifics of what was/was not discharged.

Asked on August 19, 2011 California

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

There's no way to know if your student loans were discharged without knowing when your bankruptcy case was filed and, if it was before 1998, several other pieces of information. 

If your case was filed after 1998, then the student loans were not discharged unless you filed, and prevailed at trial, on an undue hardship complaint.

Credit reports don't determine whether a debt is discharged or not, and you're correct, the discharge notice does not list which debts are discharged.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

There's no way to know if your student loans were discharged without knowing when your bankruptcy case was filed and, if it was before 1998, several other pieces of information. 

If your case was filed after 1998, then the student loans were not discharged unless you filed, and prevailed at trial, on an undue hardship complaint.

Credit reports don't determine whether a debt is discharged or not, and you're correct, the discharge notice does not list which debts are discharged.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Follow Me on Twitter:  @bklawr


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