Expert: Terry Leeders - 6/19/2007

Question
Hello I have a few questions.I filed a chapter 7 I have a sallie mae account that I listed in my BK. It is not a student loan. and for some reason it was not discharged. How can I get this fixed with out it costing me and arm and a leg? I had it listed and I am guessing some one just assumed that because of the name of the company it was a student loan and it is not.

#2 if you are in a chapter 13 bk can a creditor count your pmts as being late and report them to the credit company?? and then show you as being 30,60 and so on days late while in a chapter 13 BK

Answer
HI Ms. Ellis,

Under the current law, any debt for educational purposes is non-dischargable.  I do not know what your Sallie Mae debt was for, but if it had anything to do with education - tuition, room and board etc, then it is non-dischargable.  Are they collecting from you?
The chapter 13 trumps everything, so when you complete it, your credit report would be clear.