student loan collection after bankruptcy

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danhopkins78

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Hello,

I would like to know if it is legal for a collection agency to collect on the PLUS loan my father made for my education after he has successfully filed bankruptcy. The collectors have been harassing my parents for months about the Sallie Mae loans they had made years ago and have sent them countless documents requesting action. My parents haven't had the benefit of education that I have so they were unprepared to deal with the legal and economic issues related to collections of the loans. One of the problems they encountered, in addition to the confusion of the legality of collecting on the loans after their bankruptcy, was that the collections agency seems to believe that the loans were made for my father. Some of the documents they received have the option to chose between student and parent loan, with the student being the income contingent. On those documents with that option the agency chose to place their check mark in the box indicating that my father is the student and the income contingent.

I am currently still attending college and have made other student loans, all of which are in deferment. I believe that if they had chosen the second option on the documents, indicating that my father is the parent, the loans accredited to him would have to also be deferred because the student (me) is still attending college. My father has not, regrettably, yet benefited from those student loans he made for me and should not be liable for the debt given his economic situation (bankruptcy) and my still having the potential to pay off the loans pending my graduation.

Unfortunately, I don't have access to any other legal council on this matter and would greatly appreciate any assistance you can offer. If additional information is required I can try to acquire it.

Thank you,
Daniel Hopkins
 
Student loans are not dischargeable in bankruptcy.
 
From my understanding, student loans are not dischargeable in a BK. He should consult with his BK attorney but he likely owes on the loans.
 
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