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Posted

Would a Perkins Loan be wiped out in bankruptcy? I did not think it would be, but my loan is showing up as "Included in Bankruptcy" on two credit reports and shows a zero balance. Transunion is the only bureau showing it with a balance. Any thoughts or idea on why this is the case?


Posted

Some student loans before or around 1994 were banko-able. 99% of the time, no they can't be bankoed. Some ignorant (they do exist) judges and attorneys will "include" them in a bankruptcy, when in fact they have no legal right do so and when you try to show your bankruptcy papers to SLMA, their own litigation unit will look at it and say "Sorry, but nope." What may be happening is that your student loans are on a simple "hold" period - they can't be collected on while you're in an active bankruptcy.

Posted
Some student loans before or around 1994 were banko-able. 99% of the time, no they can't be bankoed. Some ignorant (they do exist) judges and attorneys will "include" them in a bankruptcy, when in fact they have no legal right do so and when you try to show your bankruptcy papers to SLMA, their own litigation unit will look at it and say "Sorry, but nope." What may be happening is that your student loans are on a simple "hold" period - they can't be collected on while you're in an active bankruptcy.

 

 

The laws changed in 1998...you had to be in repayment for 7 years in order for a loan to be discharged back then.

 

The student loan is included in the bankruptcy. However it is not dischargable in bankruptcy. That is the difference.

Posted

Thanks for the responses. Over the weekend, I got repayment paperwork. That proves that they were not wiped out in the bankruptcy. :clapping: The loans used to report on all three bureaus, but now they are just reporting on the one. Any idea on why?

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