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If you filed for bankruptcy... |
Then |
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Before 9/30/1977 |
Your loan is probably dischargeable |
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Between 9/30/1977 and 11/5/1978 |
Your loan was only dischargeable if you had been required to make payments on the loan for at least five years prior to the date you filed. |
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Between 11/6/1978 and 8/13/1979 |
Your loan is probably dischargeable |
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Between 8/14/1979 and 5/27/1991 |
Your loan was only dischargeable if you had been required to make payments on the loan for at least five years prior to the date you filed. |
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Between 5/28/1991 and 10/7/1998 |
Your loan was only dischargeable if you had been required to make payments on the loan for at least seven years prior to the date you filed. |
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On or after 10/8/1998 |
Your loan is probably NOT dischargeable unless the bankruptcy court specifically determined that requiring you to repay the loan would constitute an undue hardship for you or your dependents. |
There are exceptions to the above general guidelines so, to be certain whether or not your student loan can/was discharged in a bankruptcy, do the following:
Submit the following items and proof of your bankruptcy to the agency that holds your loan:
- Copy of the notice of the first meeting of creditors (341 Meeting)
- List of creditors (schedule A-3)
- Final Discharge Notice
- Cover letter stating your name, social security number and the account number(s) of the loan(s) you believe should be discharged (in many cases your social security number is your account number).
Mail the above proof to the address on the most recent payment demand letter or bill for this loan; if the address to which you are requested to send payment is the National Payment Center in Greenville, TX, submit your documentation instead to:
U.S. Department of Education
P.O. Box 1920
St. Paul, MN 55101
Up 5, 6 & 7. I am disputing the balance or I previously paid in full
First, check to be sure the amount you paid, equaled the amount of interest and/or fees that may have been added as a result of accrued interest and, if in default, collection costs and fees.
Second, if you had multiple up, check to see if your payments were applied to a different loan than the one you are currently disputing.
If neither of the above situations apply, or the balance is higher than what you borrowed, do the following:
Keep in mind that a Federal student loan, like most up, accrues interest over time. In addition, the balance on defaulted student up may be further increased by the addition of collection costs and fees that are allowed for in the promissory note that you signed. As a result, the balance that you currently owe will be larger than the amount you borrowed if the amount you have paid does not equal the amount of interest and/or fees that have been added. You should also keep in mind that you may have taken out multiple up that were serviced by different agencies after you graduated. Thus, payments that you made may have applied to a different loan than the one you are currently disputing.
Send a copy of your proof that the loan was paid in full, discharged or otherwise satisfied, to the agency that is holding your loan.
If you believe that one or more of your payments have not been credited, send proof to the agency holding the loan(s). The documents you should submit depend on how you made your payment(s).
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If you sent payment via... |
Then you need to submit the following proof |
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Personal check |
A copy, front and back, of the cancelled check. |
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Cashier's check, money order or Western Union Quick Collect payment |
A copy, front and back, of the cancelled payment instrument. You will have to obtain this from the bank or agency that issued the check or money order. A copy of your receipt is not sufficient. |
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Federal Treasury Offset Payment |
A copy of the notice from the U.S. Treasury's Financial Management Service (FMS), or from the Internal Revenue Service, notifying you that your federal payment was offset. If you do not have this notice, you may obtain a copy by calling FMS at 888-304-3107. |
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Credit Card |
A copy of the credit card's billing statement that shows the transaction in question. |
Send the above proof with a cover letter that includes your name, address and social security number. Mail it to the address on the most recent payment demand letter or bill for this loan; if the address to which you are requested to send payment is the National Payment Center in Greenville, TX, submit your documentation instead to:
U.S. Department of Education
P.O. Box 4222
Iowa City, IA 52244-4222
Up 8. Can I be charged interest when I was not even aware that I owed this loan?
When you signed for your student loan, it became your responsibility to let your lender know whenever your address changed.
If you failed to do so, the lender or other agencies that have held your loan may not have been able to reach you, but you are still responsible to repay the loan as well as any interest that has accrued and any collection costs and fees that have been added.
Certain debts may not be enforceable if the lender fails to attempt to collect them for a period of time and debtors may invoke a legal principle called the "defense of laches" to get out of paying the debt. However, this defense cannot be used against Federal student up.
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