Can I file bankruptcy on a Sallie Mae loan that is a personal loan and not a student loan?

Sallie Mae = student loans. What someone who didn't know what they were talking about told you - such as a $9/hr phone rep working at Sallie Mae doesn't change reality. Your better argument may be a class action involving the institution. Hope this perspective helps!

I think you are confusing a few issues. Odds are this is a "private student loan." When you say you tried to refi, you mean (or they meant) you tried to "consolidate" the loan, but were told you couldn't because only "federal student loans" can be consolidated. Sallie Mae only does federal and private student loans. Private student loans share the presumption with federal student loans that they CANNOT be discharged in bankruptcy. It is unclear from your post, but it sounds like you already filed bankruptcy in 2011. Colloquially, it is not uncommon to have some people refer to private student loans as personal loans (in a sense, they are), but that doesn't make the loans any less a student loan. You borrowed money to attend a school, in most cases, the courts don't look beyond that fact in determining if the loan is a student loan. The lender doesn't necessarily stand behind or vet the program (at least, not on the private student loan side). One possible recourse would be to file an adversary proceeding in bankruptcy court (related to your 2011 case) and request a determination of dischargeability. On the surface, it is not clear what you argument would be to discharge the loan. However, more likely, this loan might be beyond the statute of limitations. As such, you may want to talk to a consumer attorney about Fair Debt Collection Practices violations (e.g. trying to collect a to me barred debt). That may be a more cost effective approach. Since you list your location as IL, I can't help you so do not call, but there are attorneys in IL who can help you.

Matthew gave you good advice. He mentioned filing an adversary proceeding (AP), which is simply a lawsuit filed in a bankruptcy case. I have filed, settled and tried multiple APs in attempts to discharge student loans. I have had more success in discharging all or portions of private student loans. The primary reason is with the governmentally insured student loans, the borrow has the opportunity to participate in the income contingent repayment plan. There is no income contingent repayment plan that is available for private student loans.

There are a number of issues in the this case that require the assistance of your own attorney.