Legal Question in Bankruptcy in California

Bankruptcy and my career training loan

I am wondering if filing bk would help me. When I lived in Buffalo, I had lost my job and after 6 months of not being able to find a new one, my husband and I decided to move to CA in order for him to apprentice as a tattoo artist and me to go to pilot school. I took out a career training loan through Sallie Mae with help of my dad as a cosigner and we moved out here. Since I have been unable to finish my training and have not been able to find a job. My husband is barely making enough to support us and both my parents are out of work on disability (therefore unable to help repay the loan either). Due to my unemployment back in Buffalo, I have amassed a bit of credit card/utility/car loan debt (I did a voluntary repo of the car before we moved). Friends have told me to declare bankruptcy, but I don't know if that would even help as I would like for my dad to be able to declare financial hardship or something as well so that Sallie Mae can't continue to harass him either. They call about 8 times a day and each time I explain to a new person how dire my situation is right now and that I am unable to pay them at this time. But I get nowhere with them. Not sure what to do. I'm just losing my mind trying to come up with a solution.


Asked on 6/25/08, 4:17 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Bankruptcy and my career training loan

Student loans are not dischargeable in bankruptcy, so that is not a viable alternative. It looks as though they will go after your dad...if claiming financial hardship would help him, everyone would use that defense, but in reality your father did not have to co-sign and they will look to him for payment. You would be better off going to a reputable debt-counseling service and they can negotiate with your creditors to try and work out a payment plan. Like anything else in life this costs money too and the first step toward a solution is to get a job doing something!

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Answered on 6/26/08, 1:26 am


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