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Re: Wells Fargo Student Loan


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Posted by JR (64.12.96.205) on June 15, 2003 at 20:58:39:

In Reply to: Re: Wells Fargo Student Loan posted by lauralea on June 15, 2003 at 19:44:49:

You need to speak to the attorney who did your bankruptcy.

Here are some thoughts for you to discuss with your attorney.

Educational benefits made, insured or guaranteed by a govermental unit, or made under any program funded in whole or in part by a governmental unit or a nonprofit institution are, generally excepted from dischargeability in bankruptcy.

However, that being said, it may be possible to get even those student loans discharged if your attorney proved "undue hardship" in your bankruptcy.

Assuming, for the sake of argument, that the loan was discharged and it is showing "charge-off" on your credit report - the lender, Wells Fargo MAY have made a claim to the Department of Education for your discharged loan. Let's assume that they were paid on their claim from the Department of Education. NOW, hypothetically, they have NO entitlement to money from you and would be required to return 100% of the money paid and notify you that you have no obligation to pay the loan.

These are all things you will want to discuss with your attorney.

You may also refer to 34 C.F.R. Section 682.402(I)
(Code of Federal Regulations)


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