Private Student Loans with Salliemae

[jls16845]

I have 2 Private Student Loans with Salliemae that total $6,000.00 I filed BK Chapter 7 in Oct, 05 and received my Discharge on May 28, 2006. Should theses loan have been discharged in my BK. These are Private loans and not guaranteed by goverment so I'm wondering why they were not discharged? Anyone else have this problem or know anything about how Private loans work. JLS

[LynnInMN]

I have 2 Private Student Loans with Salliemae that total $6,000.00 I filed BK Chapter 7 in Oct, 05 and received my Discharge on May 28, 2006. Should theses loan have been discharged in my BK. These are Private loans and not guaranteed by goverment so I'm wondering why they were not discharged? Anyone else have this problem or know anything about how Private loans work. JLS

 

Private loans guaranteed by a "non profit source" are not dischargable in BK.

 

Section 523. Exceptions to discharge 11 U.S.C. 523

((8) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor's dependents, for--

 

(A)

 

(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or

 

(ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or