Legal Question in Bankruptcy in Texas

My mother cosigned a student loan for my daughter, and has since filed bankruptcy, and they are saying the loan is in default. However, the loan payments weren't even to begin until my daughter graduated from college, and she is just in her 5th semester. What can I do to clear this up for her?


Asked on 1/11/10, 8:34 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

First get a copy of the student loan papers. Verifiy when payments were supposed to begin. Then call the student loan people and ask them to explain to you why the loan is in default.

I am guessing that your daughter's filing of bankruptcy triggered the default.

By the way, student loans are usually exempt from bankruptcy discharge unless there is a claim of hardship.

Find out from the loan company what your daughter can do to cure the default. and ask her to do it.

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Answered on 1/16/10, 8:45 am


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