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How Can a Cosigner Avoid Liability After Student Loan Discharge in Bankruptcy

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  • 03-14-2011, 09:44 PM
    otherside
    How Can a Cosigner Avoid Liability After Student Loan Discharge in Bankruptcy
    My question involves collection proceedings in the State of: CA and NY

    I am currently having an issue with someone who used a bankruptcy plea to get out of their student loan. I am trying to find the right type of lawyer to hire to assist me with this process (I am the co-signer).

    These are the questions I need answered:
    1. How could someone get out of a student loan without being disabled and if they had and have a job?
    2. How was I burdened with the full debt without being permitted to contest the primary debtor being discharged?
    3. What are my options?

    Is a debt lawyer the right type of lawyer or is there a type of lawyer that would be better equipped to answer these questions for me?
  • 03-18-2011, 07:42 AM
    Mr. Knowitall
    Re: How Can a Cosigner Avoid Liability After Student Loan Discharge in Bankruptcy
    1. You have told us nothing about the student loan at issue, and we know nothing about the bankruptcy or claims made in the bankruptcy, so we can't answer that.

    2. You weren't a party to the bankruptcy, nor are you a creditor. You signed a contract with the lender saying, in effect, "If the borrower is unable to pay for any reason, I'll pay the debt" - that's why you're on the hook.

    3. Bankruptcy; attempting to negotiate with the creditor; sharing enough information about the loan and bankruptcy that somebody here might be able to figure out what happened; sharing that information with a lawyer....
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