I filed a BK back in February of 2013 and it was discharged in June of 2013. I am now in the process of trying to clean up my credit reports. At the time of my filing, I hired a BK attorney and he had me include all of my creditors in my BK (including those that I knew would not be discharged, such as student loans). I am not sure, but it's possible that I might legally be required to include all of my creditors in a BK (at least in my state of NJ). Anyway, as expected, the student loans were not discharged (even though the discharge order from the court makes no mention one way or another, I believe from my research that some sort of adversarial court proceeding must take place before any student loans can be discharged). Unfortunately, despite those student loans not being discharged, they show up on my credit reports as IIB. I thought that if they weren't discharged, they shouldn't really be associated with the BK in the first place, although maybe I'm wrong. It's possible that the above is the expected way all of this happens (i.e. being required to include all creditors in BK filing, and then having non-discharged creditors show up as IIB on credit reports), but it just seems incredibly unfair that I'm being penalized twice basically with respect to my student loans - once because they weren't discharged, and again on my credit reports where it shows them as IIB. If the above is not the way it's supposed to happen, and those student loans shouldn't show as IIB on my credit reports, any information or help is greatly appreciated. I just got off the phone with someone at one of the student loan companies, and he basically told me there was nothing they could do, and the IIB status for that student loan would remain on my credit reports for the appropriate time frame. Specifically, if the student loans aren't supposed to show as IIB, and someone could refer me to some laws or regulations that specify this, it would be extremely helpful since I could then pass this information back to the student loan companies. Any help is, as always, appreciated. Thanks!
Most trade lines will show IIB, even if they weren't included in BK, as a CYA (in case they were), because it's a violation of MANY laws to not report an account as IIB and to continue to collect in any way on an account which was IIB. The question is who is reporting the student loans, is it a bank, state government agency, federal government, etc? The process and options vary greatly depending upon the answer to that question.
