QUESTION
Can my daughter file bankruptcy with her loans?
Asked on Jun 13th, 2012 on Bankruptcy - Texas
More details to this question:
i am co-signer on most of my daughters loans, can she file bankruptcy majority of her loans are student loans
20 ANSWERS
William C. Gosnell
No.
Answered on Jun 14th, 2013 at 1:02 AM
Accept in rare instances of substantial hardship, student loans are not dischargeable.
Answered on Jun 25th, 2012 at 5:56 PM
Burton J. Green
Unless your daughter meets a very strict test for having an extreme hardship in repaying the student loan, student loans are not dischargeable debts. Also, you remain liable on all loans that you co-signed or guaranteed. Your daughter's bankruptcy would not relieve you of your personal liability.
Answered on Jun 25th, 2012 at 5:17 PM
Marriage & Prenuptials Attorney serving Charleston, SC
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Evan Guthrie Law Firm
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Student loans are not dischargeable in bankruptcy.
Answered on Jun 22nd, 2012 at 6:54 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You cannot file bankruptcy on most student loans and if you are co-signer you will be responsible for these debts. Also, the lenders are probably reporting the non-payments on your credit reports so you should help as much as possible to protect your credit
Answered on Jun 22nd, 2012 at 6:12 PM
Glen Edward Ashman
Yes, and her filing will complicate your life as a co-signer.
Answered on Jun 22nd, 2012 at 4:32 PM
When a person files bankruptcy it is the person who files who is protected, not the loan that is filed against being discharged. Your daughter's bankruptcy, were she to file, does nothing to protect you. In addition most student loans are non-dischargeable. Your daughter's other loans, credit cards, medical bills, etc are dischargeable.
Answered on Jun 22nd, 2012 at 4:24 PM
Divorce & Separation Attorney serving Wakefield, RI
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Barbara Fontaine
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If your daughter declares bankruptcyon loan you cosigned, then you are responsible for those loans and they will go after you. Usually student loans cannot be discharged in bankruptcy.
Answered on Jun 22nd, 2012 at 10:48 AM
For the most part, bankruptcy does not discharge one's liability to pay back student loans. You should write your Congressman to help get this changed! For debt that is subject to discharge, if you co-signed on the debt, you would still be responsible for it even if she alone files for bankruptcy.
Answered on Jun 22nd, 2012 at 10:17 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally student loans are NOT dischargeable, and if you co-signed you too are liable if she does not pay. See an attorney now.
Answered on Jun 21st, 2012 at 7:18 PM
Your daughter may be able to file. Keep in mind that your obligation to pay the loans, in full, will not be affected by her bankruptcy. Also note that student loans are not dischargeable unless you can show "hardship". It is a very hard standard to meet.
Answered on Jun 21st, 2012 at 7:11 PM
Bankruptcy Attorney serving Houston, TX
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Pamela L. Stewart, Attorney at Law
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Under current law, student loans are non-dischargeable in bankruptcy. However, you should be aware of your liability as a co-signor. If the student loans were dischargeable, the creditors would collect from you since you are a co-signor on the loans.
Answered on Jun 21st, 2012 at 6:13 PM
Bankruptcy Attorney serving Washington, DC
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Law Offices of Diann C. Moseley
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Yes. If your daughter qualifies to file chapter 7, her obligation to pay unsecured debts will be discharged. Her student loan obligation will not be discharged. As a cosigner, your obligation to pay the co-signed debts will remain and you will still owe those debts.
Answered on Jun 21st, 2012 at 6:07 PM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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Student loans cannot be discharged in bankruptcy unless the debtor can show undue hardship in paying them off. This is generally not easy to do.
Answered on Jun 21st, 2012 at 6:00 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Student loans are generally not dischargeable, but if she files (and somehow does get a discharge), look for the creditors to come after you, since you co-signed on the loans.
Answered on Jun 21st, 2012 at 5:57 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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She can file bankruptcy, but it will not eliminate your obligation. Also except in rare instances she will still owe the student loans.
Answered on Jun 21st, 2012 at 5:56 PM
child support Attorney serving Northborough, MA
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Aaron Hutchins
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Student loans are rarely, if ever, dischargeable.
Answered on Jun 21st, 2012 at 5:50 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Your daughter can file for bankruptcy by herself, but you will remain liable for the debts that you so signed for. Additionally, student loans are not normally dis-chargeable in bankruptc
Answered on Jun 21st, 2012 at 5:42 PM
Bankruptcy Attorney serving Atlanta, GA
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Jakob-Barnes Law Firm, LLC
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Yes your daughter can file bankruptcy. Any loans that you are cosigned on, you will still be responsible. Also student loans are rarely discharged in bankruptcy.
Answered on Jun 21st, 2012 at 5:42 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She should consult with an attorney. Student loans are largely regarded as non-dis chargeable in bankruptcy. If she goes bankrupt and you are a co-signer, they can come after you for the debts.
Answered on Jun 21st, 2012 at 5:42 PM