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  1. #1

    Unhappy Student Loan with Co-Signer and Chapter 7 Bankruptcy

    I have two Private Student Loans with Sallie Mae that were co-signed by my father. I recently filed for Chapter 7 Bankruptcy protection and my student loans were discharged, but are now being collected from my father. My father is in the process of filing Chapter 7 Bankruptcy as well and we are wondering what will happen to the loans. Sallie Mae has advised us that my father's bankruptcy will cause my loans to revert back to my name, but I am unsure how this is possible since they are saying my name is no longer associated with the account.

    Can Sallie Mae revert these loans back to my name, or will my co-signers bankruptcy discharge the loans from both of us?

  2. #2
    Join Date
    Jul 2009
    Posts
    3

    Default Re: Student Loan with Co-Signer and Chapter 7 Bankruptcy

    Thanks to a dental student some years back, student loans can no longer be included in a bankruptcy filing. I believe there is some misunderstanding about the terminology. Since you must be insolvent to file bankruptcy (which is how the dentist beat the system and ruined things for the rest of those who truly need bankruptcy protection--technically, with huge student loan debt he owed more than he was worth), and, naturally, after you filed, it didn't make much sense to try to collect from someone who has no money. However, after your father files, the lenders will resume collection attempts against you. In fact, they can continue to try collecting from both of you.

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