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Student Loan by The National Collegiate Student
Adding that the burden is on the creditor to prove the loan falls within
523a8.
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: christine@attorneychristine.com
Blog: www.attorneychristine.com
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Hello Nancy:
I just happen to be working on this exact issue today!I attach a complaint in a case in Florida where Navient tried to collect on a non-qualifying loan after discharge. The loan is automatically discharged, but it may be that the creditor doesn't know it. I suggest either an AP for declaratory judgment, or waiting until the creditor comes after the debtor, as here.I also recommend going on Pacer to get more documents in this case.- John D. Faucher
On Thursday, May 4, 2017 4:52 PM, "nancy korompis korompisn@yahoo.com [cdcbaa]" wrote:
Listmates,
Does anyone know if a student loan by The National Collegiate Student Loan Trust is a federally funded / guaranteed loan? An online search seems to suggest that it was not a federally funded loan, but it is not clear.
Second question, if a student loan debt is not federally funded or guaranteed, does the debtor still need to do an adversary proceeding to discharge the debt arguing the basis that it is not a federally funded or guaranteed loan? I believe that the Brunner test is the standard for the student loan dischargeability action, but wondering what is done in practice re discharging the non fed funded / guaranteed student loan.
Thank you.Best regards,
Nancy KorompisTel: (626) 716-7763
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