Discharged Student Loan With Sallie Mae

[Harland]

I filed a bankruptcy in Illinois in 2005 or 2006 and my student loan was discharged through bankruptcy. Then nelnet calls me repeatedly telling me my student loan was taken by them and i was to pay them..i said that it was dischrged but they refused to hear me out. ive been paying on this loan for so long and still owe almost more than original loan. the bankruptcy for sallie mae says it was being paid through insurance. Were they paid by insurance and sold this loan to nelnet? and receiving money from me too..im really at wits end and some lawyers want to know why im still paying. if you get harrassing calls saying you owe..where do you go?/ please help..thank you..im sending a copy of paper.

ANSWER: If you filed a chapter 7, Did you file an adversary in the bankruptcy to determine the student loan to be dichargeable? IF so, then send NelNet a copy of that order/judgment.   

If you filed chapter 13 and paid a 100% plan, then show them the discharge order.  if you paid less than 100%, then you would owe the difference.

Otherwise, educational debts are presumptively NON-dischargeable in bankruptcy, and you would likely owe this debt and should set up on a payment plan to repay this obligation.

Thanks for your question, good luck.

---------- FOLLOW-UP ----------

What is an adversary. is this something my lawyer would have done.

[halsey43]

An adversary is basically a mini-trial filed during the bankruptcy case.

You'd know if you filed this.

Talk to your lawyer.

They are uncommon, and it's very hard to prove the educational debts are dischargeable, so my hunch is that you did not do this, but check with your lawyer.

Thanks