How would one know if student loans have been discharged in Bankruptcy?

Some student loans are dischargable in bankruptcy and some are not (and most are not). Student loans which may NOT be discharged in bankruptcy are those which are an "educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend. " Any student loan NOT falling into these criteria ARE dischargable in bankruptcy (though of course most student loans DO fall into these criteria) so long as they are listed in the petition as a creditor.To get rid of the student loans that DO fall into these criteria, the debtor has to file an Adversary Proceeding against the student loan lender (which is a separate lawsuit in the Bankruptcy Court) and show that repayment of the student loan would cause an undue hardshp on the debtor or a dependent of the debtor (a very tough standard for the debtor to meet).

If you're interested, here is the Bankruptcy Code section which says what student loans are not automatically discharged and the criteria one needs to prove to get them discharged: 11 U.S.C. 523(a)(8): "A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt— for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend, unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor’s dependents. " Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

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