Why do my students loans keep contacting me after my bankruptcy?

A client just asked me this question a few moments ago.  The short answer is:  they want to get paid.

The long answer is a little more complicated.  Student loans are generally non-dischargeable in bankruptcy.  There are ways to get rid of a tiny amount of student loan debt, and some (very, very, very few) people can even file adversary proceedings in their bankruptcies to discharge that student loan debt.  Generally, though, your student loans will survive your bankruptcy.  All of the Facebook ads about “new federal laws allows student loans to be forgiven” are generally NOT as awesome as they sound.

Although your bankruptcy probably won’t wipe out your student loan debt, it will stop them for a few months.  When you file the bankruptcy case, the court issues stay (stop) order automatically.  This stays any collection efforts from any creditors, even student loans.  The stay lasts for 3-4 months in a chapter 7.    They will not contact you, send collection letters, call  you at work, etc., during the bk case.

Once the court issues its discharge order, discharging your other debts, the students loans will start to contact you again.  They survived the bankruptcy, and they want you to starting paying those debts again.  You really should talk to them and either get on a repayment plan, or try for a forbearance, or do something to at least communicate with them.  Unfortunately, they won’t go away if you simply ignore them.