Legal Question in Bankruptcy in Oregon

Re: bankruptcy and student loans

Hi.

Let's take this one thing at a time. Student loans can still be discharged by 7; it's just a lot harder than it used to be, as no matter when loan first came due, you have to prove it would be an undue hardship on you and your dependents if it is not discharged.

Okay, let's presume you don't want to argue this, as it is very hard to win. Legallly, you have to list all debts on your bankruptcy papers, including liability to your mom and dad unless they've just volunteered to pay, without any requirement to repayon your part. Violation of this could mean no dischare, though many eople don't list family members they don't want to know of their filing (only entities which are listed get direct notice of you filing from the Court). Please therefore realize if you don't list parents, if there is any obligation to repay, and unlikely event occurs that someone finds this out, you could lose entire discharge.

Okay, let's presume no requirement to repay your parents so they're not listed: no guarantees, but if you contact student loan lender right after filing and say you will reaffirm obligation (not really necessary, as not wiped out without lawsuit by you re undue hardship but may be necessary to cool them off and not notifyparents, who from what I'm reading are not directly liable fo this det and are just paying 'cause you're their son) and/or that that they will continue to be repaid, please don't call parents - anyway, tey're not even liable (if I'm right with presumption I set forth before), they probably won't contact - or more to the point, even mention this to - your parents.

Please review this all with your bankruptcy attorney.

Good luck.

Neil Ackerman 516-228-8245