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Yes, you can file bankruptcy against a TERI loan. You must file an Adversary Proceeding in order to discharge a Student Loan. It is normally difficult to discharge student loans. TERI has essentially removed themselves from the student loan guarantee business, leaving the loans unguaranteed by a non-profit. This does not mean your loan will automatically be discharged. Upon default, your loan will become owned by the bank whom issued the loan or a trust if it was securitized by First Marblehead. Also, you must past the hurdle of proving your loan is not a "qualified education loan". You need to read up the definition of "qualified education loan" at the IRS or Department of Ed. Essentially, if your school was not a Title IV or expenses were not part of the schools "Cost of Attendance" or you simply were not an "eligible student", then you don't have a "qualified education loan". Your lawyer probably will not help you at all with these details. READ up yourself.

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16y ago

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