QUESTION
Who will be responsible for the loan after bankruptcy?
Asked on Apr 04th, 2014 on Bankruptcy - California
More details to this question:
Ex-husband filed bankruptcy after divorce on daughter's student loan and it wiped out everything. Can they come after the daughter? Who is responsible for the loan?
12 ANSWERS
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Student loans are typically not discharged as part of a bankruptcy. Therefore your ex-husband would likely still be liable on the student loan. Since your daughter did not file bankruptcy, then she would still be liable (and would likely still be even if she did file bankruptcy).
Answered on Apr 08th, 2014 at 7:53 PM
Student Loans are typically not dischargeable unless the debtor can prove an undue hardship on him or his dependents. He would be obligated to file an Adversary Proceeding in his Chapter 7 case, and get a Court Oder discharging the student loan. I would look at his BK filing if I were you, or pay an attorney to help you with the matter. The daughter will always be liable on the student loans. Unless your ex-husband received a court order discharging the student loans, he is still liable on these loans.
Answered on Apr 07th, 2014 at 12:58 PM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
Student loans are normally not discharged in bankruptcy so it is likely your husband is still responsible. If your daughter signed for the loan she would be responsible even if your husband managed to get the loan discharged. The only person protected in bankruptcy is the person who files.
Answered on Apr 07th, 2014 at 11:59 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Student loans go through bankruptcy unaffected, although they are listed on Schedule F, unsecured non-priority, just like credit cards.
Answered on Apr 07th, 2014 at 11:38 AM
Bankruptcy would not affect the responsibility for a student loan unless your ex spouse obtained a special court order (not the regular discharge) saying that the student loan was discharged. In most co-signed student loans, both the student & the parent are 100% responsible for paying the debt.
Answered on Apr 07th, 2014 at 11:35 AM
Insurance Law Attorney serving Pasadena, CA
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KJM Law Partners
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Generally, student loan debt is not dischargeable. Thus, your ex-husband's bankruptcy probably did not get rid of that debt for him. Accordingly, the bankruptcy likely had no impact on the debt and whoever could have been held liable for payment of the debt before the bankruptcy can still be held liable for it.
Answered on Apr 07th, 2014 at 11:23 AM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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Just because your Ex filed on the student loan does not mean his liability is eliminated. In general, no individual can discharge one's liability for a student loan through bankruptcy. However, all parties that sign for the student loan are liable for the student loan. So, you will need to check the documents that were signed.
Answered on Apr 07th, 2014 at 11:08 AM
Bankruptcy Attorney serving Thousand Oaks, CA
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Law Offices of Brent D. George
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Your daughter is still legally responsible for the loan if she was a Co-borrower in connection with the loan. While your ex-husband may think his bankruptcy discharged his responsibility for the student loan debt there is a good chance he is still liable.
Answered on Apr 07th, 2014 at 11:00 AM
2 Awards
Student loans are nondischargeable. So he is still liable to pay as much as anyone else who signed on the note.
Answered on Apr 07th, 2014 at 8:31 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Regardless of what he told you, bankruptcy doesn't wipe out student loans. If your ex husband and your daughter were jointly responsible for the student loan before his bankruptcy, they'll be jointly responsible now.
Answered on Apr 07th, 2014 at 8:29 AM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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The answer generally depends on who signed it. Most student loans are not dischargeable.
Answered on Apr 04th, 2014 at 8:21 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Student loans are special in that they are not dischargeable in bankruptcy unless the debtor takes an extra step and litigates the issue and successfully proves undue hardship. You will have to look up the case www.pacer.gov to see if an adversarial case was filed claiming undue hardship. If his bankruptcy was a chapter 7 and it was completed in 3 months without anything more (no lawsuit to determine dischargeability of student loans) than the debt remains the obligation of whoever had the loans before the bankruptcy was filed. If he co-signed, he's 100% liable just as your daughter is 100% liable. If this was a parent loan, where the child was not obligated to repay the loan then he remains liable and your daughter is not liable. In other words, nothing has changed unless he successfully obtained a discharge based on undue hardship.
Answered on Apr 04th, 2014 at 8:18 PM