Is my debt discharged?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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 14 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.