What if I already filed bankruptcy, but my student loans weren’t discharged?

We've actually had, over the years, a number of clients come to us that felt their student loans were discharged in a bankruptcy they filed earlier and they really weren't. They were never addressed. They just rode through the bankruptcy. It's important to know that the debt still exists. Basically, with federal loans, we would now need to cure the default and get them onto an income-based program that made sense with debt forgiveness. With private loans, sometimes it's a very good opportunity to try to settle a debt because they're usually years in arrears.

They are oftentimes a statute limitations defense, where too many years have gone by and now the debt is non-enforceable, or they might have transferred the debt to multiple parties and it might not be something that they still have standing, to be able to enforce the debt. It's a good opportunity to try to address and get rid of private student loans and then we need to cure the default on the federal loans, to get our clients back on track.

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