Chapter 7: Discharge Private Loan?

[mcwjjm]

What is the name of your state (only U.S. law)? Ohio. Are private, non-government guaranteed student loans dischargable when filing Chapter 7? Co-signed on a student loan 5 years ago that the borrower defaulted on. Someone told me that I since it was a private loan I should be able to discharge my obligation due to filing Charter 7. I just got off the phone with the lender and they confirmed it was a private loan.

I understand that Private student loans became non-dischargeable in 2005.

"The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which opens a new era in the history of bankruptcy law and practice, was passed by Congress and signed into law by President Bush on April 20, 2005... The U.S. Trustee Program has begun its planning and implementation efforts in preparation for assuming its new responsibilities on October 17, 2005, when most provisions of the Act take effect."

I knew of the October 17th deadline. Therefore I signed my paperwork and had my attorney file before the October 17th. Do I have a case?

 

[mcwjjm]

Update

Found the answer to my question myself. Double checked my Chapter 7 documents and the loan was included. I spoke with my attorney today and he confirmed that if the loan was private it should have been discharged in 2005. He did not make the distinction clear at that time. I contacted my bank and put a stop payment on the auto-withdrawal. I faxed a letter stating my dischargeable status / request to cancel our payment agreement along with a copy of the loan and the relevent portions of the Chapter 7 documents to the law firm seeking collections. I'll be curious if they continue to badger the co-signer rather than pursue the borrower of the loan.