Consumer complaint received 2026-04-14 00:00:00
Product: Student loan — Federal student loan servicing
Issue: Dealing with your lender or servicer — Problem with customer service
Company: MOHELA
State: KY

Complaint narrative:
CFPB COMPLAINT FINAL SUBMISSION TEXT Issue : Failure to Provide Qualified Education Loan ( QEL ) Documentation Required for 523 ( a ) ( 8 ) Protection After Bankruptcy Discharge -- - What happened I received a XXXX XXXX bankruptcy discharge under 11 U.S.C. 727. Despite this, the Department of Education and/or its servicer continues to claim that my student loans are nondischargeable under 11 U.S.C. 523 ( a ) ( 8 ). However, the creditor has never produced the legally required Qualified Education Loan ( QEL ) documentation that would entitle the loans to 523 ( a ) ( 8 ) protection. I have repeatedly requested this documentation, and it has not been provided. -- - Why this is a problem A loan is only protected from discharge under 523 ( a ) ( 8 ) ( B ) if it meets the definition of a Qualified Education Loan under 26 U.S.C. 221 ( d ). This requires specific records, including : Cost of Attendance ( COA ) for each academic year Enrollment status verification Program eligibility records School Title IV eligibility documentation Disbursement records tied to COA Origination documents showing compliance with Title IV Proof the loan was used solely for qualified higher education expenses The creditor has not provided any of these documents. Without this documentation, the creditor can not legally assert 523 ( a ) ( 8 ) protection, and the loans were discharged. Continuing to collect or report these debts after discharge violates the bankruptcy discharge injunction under 11 U.S.C. 524 ( a ) ( 2 ) and misrepresents the legal status of the debt. -- - What I have already done I have : Provided my bankruptcy case number and discharge order Requested QEL documentation multiple times Requested the legal basis for asserting nondischargeability Provided evidence that no 523 adversary proceeding was filed Provided evidence of continued collection and credit reporting after discharge The creditor has not provided the required documentation. -- - What I want the CFPB to do I am requesting that the CFPB require the Department of Education and/or its servicer to : 1. Provide all QEL documentation required under 26 U.S.C. 221 ( d ) 2. Provide COA and enrollment certifications for each loan and each academic year 3. Provide Title IV eligibility records for the school and program 4. Provide disbursement records tied to COA 5. Provide the legal basis for asserting 523 ( a ) ( 8 ) protection 6. Explain why collection continued after my Chapter 7 discharge 7. Correct all credit reporting to reflect the discharge 8. Cease all collection activity unless they can prove QEL status 9. Provide a written determination stating whether the loans qualify for 523 ( a ) ( 8 ) protection If the creditor can not produce the required documentation, the loans were discharged and all postdischarge collection activity must stop. -- - Harm I have suffered Because the creditor continues to assert nondischargeability without proof, I have experienced : Ongoing collection attempts Negative credit reporting Financial harm XXXX XXXX Interference with my bankruptcy fresh start Time and resources spent trying to correct the issue This conduct is misleading, deceptive, and unlawful. - Been happening since discharge in XXXX servers keeps transferring. By federal law they must produce the documents or admit they dont have them for the record. Unlawfully reconsolidated discharged debt.

Company response to consumer: Untimely response