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Student Loan Liability

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AnnaJames

Junior Member
Michigan/US Law
Scenario: A student takes out a $5000 Federal loan disbursed $3000 to college and $2000 to student as a refund. The student drops the classes and the college is now obilgated to pay the $3000 they received back to the government. The student now owes $2000 to the government and $3000 to the school.
Question: If the student files chapter 7 bankruptcy, is the entire $5000 non-dischargable because it started out as federal money or is the $2000 non-dischargable and the $3000 can be discharged because it is due to the college?
 


Antigone*

Senior Member
Michigan/US Law
Scenario: A student takes out a $5000 Federal loan disbursed $3000 to college and $2000 to student as a refund. The student drops the classes and the college is now obilgated to pay the $3000 they received back to the government. The student now owes $2000 to the government and $3000 to the school.
Question: If the student files chapter 7 bankruptcy, is the entire $5000 non-dischargable because it started out as federal money or is the $2000 non-dischargable and the $3000 can be discharged because it is due to the college?
This will not be discharged in BK. The entire $5,000 is what the student is on the hook for. This debt will follow them to the grave or until paid, whichever comes first.
 

AnnaJames

Junior Member
Schools obligation

If the college paid the $3000 back to the fed then it becomes a personal account between the student and the college right? College invoices ARE dischargable. Why wouldn't this be?
 

Who's Liable?

Senior Member
It depends on what the college ACTUALLY did with the $3K. If they DID return it to the govt., and they(student) have proof of this, than they are only liable for $2K. However the Gov't is still looking to get this remaining amount paid back.

Which they still won't be able to discharge.
 

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