Student Loan Bankruptcy Gets Easier With Newly Announced Dept. of Justice Policy. A Lawyer Explains

[@jasonrodrigue3290]

Great info! Thank you.

[@kad27]

One of mines got discharged!

[@bankruptcybailout]

That is great to hear.

[@timekaschannel]

So informative and well received! Thank you!

[@monicac.4028]

What if you have already filed and received a discharge, can you file an amendment or something to prevent a new filing?

[@bankruptcybailout]

To clarify, the adversary proceeding to discharge student loans is a DIFFERNT case than the underlying bankruptcy. You can file the adversary proceeding to discharge student loans at any time after a bankruptcy discharge. You don't normally need to file a new bankruptcy so long as the student loans were part of that prior bankruptcy. If you refinanced or consolidated your student loans AFTER the prior bankruptcy, then you would have to file a new bankruptcy.

[@elise274]

My student loans says closed due to bankruptcy what does this mean

[@monicac.4028]

@@bankruptcybailout Hello, I consolidated my federal loans, not private loans. Can a adversary proceeding be file then? thank you Monica

[@bankruptcybailout]

@@elise274 I would need more context, but generally, student loans are transferred to a different servicer when the borrower files for bankruptcy. The servicer that had them at the time you filed bankruptcy will then indicate the loans as closed. "Closed" on a credit report never means the borrower doesn't owe the loan. "Closed" only means that that particular lender/servicer is no longer servicing the loans.

[@bankruptcybailout]

@@monicac.4028 If you consolidated the loans "after" you filed for bankruptcy, then you probably need to file a new bankruptcy before doing the adversary proceeding.