Is my debt discharged?

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Is my debt discharged?

I had a balance on college tuition which was forwarded to collection agency, I listed it in my petition, is this debt discharged? The school is stating that my debt is not discharged because it is a Perkins extention (I have a $500 Perkins loan but that is not part of balance) and that they never received notice.

Asked on June 4, 2009 under Bankruptcy Law, New York

Answers:

David Hamilton / Dwyer & Associates

Answered 12 years ago | Contributor

Generally student loans can not be discharged. While there may be ways of working around this I am not sure putting it on a credit card is a good idea..

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I would have to see the documents you signed for the loan and the letters that the collection agency that ws sent to get an idea of whether the debt is valid.  However, student loans are not dischargable and you will not be able to get rid of them in bankruptcy.  You could put them all on a credit card and then try to discharge those debts, but a perkins loan is generally not something that gets discharged.  I suggest seeing a lawyer in your area to look at the document you are being sent.


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