Legal Question in Bankruptcy in Minnesota
I cosigned on a student loan and the person has defaulted on the loan they are calling me and also my parents who have nothing to do with the loan, If i were to file bankruptcy will this remove my name as the responsible party
2 Answers from Attorneys
These student loan debts would most likely NOT be dischargeable through bankruptcy.
The only way the student loan debts would be dischargeable is if you are able to show undue hardship. Be advised that undue hardship is very, very difficult to show. You must prove that: (1) you cannot maintain, based on current income and expenses, a "minimal standard" of living for yourself and your dependents if forced to repay the loans; AND (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; AND (3) that the you have made good faith efforts to repay the loans.
The fact that you co-signed the loans, is probably immaterial, since 11 USC � 523(a)(8), which excludes the student loans from discharge, does not refer to a "student debtor" but applies to limit discharge of any "individual debtor" from "any debt" for a covered educational loan.
Student loans are never dischargeable unless you show "undue hardship", which is almost never granted.
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