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Privacy Rights and Disclosure of Bankruptcy By a Creditor

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  • 08-13-2005, 11:21 PM
    luxie
    Privacy Rights and Disclosure of Bankruptcy By a Creditor
    My mother used to make student loan payments in my name several years ago. I filed bankruptcy last year, and the case is pending (I'm still making lawyer payments). My mother called the student loan co. and they informed her that the account was in bankruptcy status.

    Are they allowed to disclose this? I was under the impression it was between the creditors and myself. Or were they allowed to do so because her name had been involved in payments?
  • 08-14-2005, 05:06 PM
    aaron
    Disclosure of Bankruptcy
    Is it possible that you executed some form of waiver in relation to your mother? Did she cosign any of your loans?
  • 08-14-2005, 06:04 PM
    luxie
    she didn't cosign, and I know for a fact I didn't give consent- I didn't even know she was paying them. But possibly she got listed as a co-debtor by paying them?
  • 08-14-2005, 11:29 PM
    aaron
    Co-Debtor
    I am not aware of any authority under which you could become responsible for somebody's debt simply by making payments on their behalf. In most states, under the statute of frauds, you can only become responsible for the debt of another person by signing a written contract to answer for that debt.

    You may wish to try making an indignant call to the lender, and seeing what they have to say for themselves.
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