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  1. #1

    Default Student Loan Co-Signer

    My question involves collection proceedings in the State of: texas

    Hypothetical situation: A student loan co-signer filed a Chapter 7 bankruptcy in 1997 and listed the student loan as a creditor. The BK was discharged. Of course, student loans are non-dischargeable, but let's say the loan contract (private loan) contained language that any bankruptcy filing was an act of default. Now, the primary borrower continued to keep the loan current for several years, but filed a Chapter 13 and made payments on the loan through the plan. The creditor did not ask the trustee for permission to pursue the co-signer at that time.

    Now, if the co-signer's bankruptcy really was an act of default in 1997, does the co-signer have any statute of limitations or laches defense if they were sued for the loan now? Technically, the co-singer has been in default for 11 years. Keep in mind, it is a private loan, not a federal loan, so statue of limitation defense can apply.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Student Loan Co-Signer

    Hypothetical situation
    Is this homework?

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Student Loan Co-Signer

    We usually don't answer hypothetical questions.

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