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lisabbn315

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what is included in a bankruptcy
My credit report still shows school loans that were supposed to be included in the bankruptcy I filed in 2005. The loans were from 1999, shouldn't they have been taken off by now anyway even if I hadn't filed bankfruptcy?

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Student loans have NO Statute of Limitations, period!! They remain collectable until paid off, even if that means partial garnishment of Social Security benefits on retire4ment to do so.  That's one of the "perks" the student loan industry got when the revised bankruptcy laws were passed.  Been there.

After the bankruptcy, you would have to file an adversarial procedure to prove extreme hardship requiring dismissal of the student loans.  This is in addition to the bankruptcy.  If that hasn't been done, you will still owe on the student loans, so a new consult with your attorney will be necessary. 

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New bankruptcy laws in 2005 made it VERY difficult to discharge student loans. Quite likely only your attorney can tell you for sure. If you can read the legalese you can read your final discharge of debts from the bankruptcy court and determine that. Do you still have it? Perhaps you can still contact your bankruptcy attorney and ask, or get a free consult from a local legal clinic.

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