Legal Question in Bankruptcy in Wisconsin

I received an answer for this question but he did not get the part about it being discharged through bankruptcy. We are no longer responsible for this loan. We had to file bankruptcy a few years ago. A Wells Fargo student loan we cosigned for was included in it. Just recently my daughters late payments are showing up on my credit report. Is there nay thing we can do about this?


Asked on 8/16/15, 11:31 am

1 Answer from Attorneys
JAY Nixon nixon law offices

No, because student loans are not discharged by bankruptcy, except in rare cases for people who have no income and are unemployable. Even then, one must sue the lender (and federal government guarantor) in a separate federal court lawsuit called an adversary proceeding, and win after an expensive course of litigation. The federal judge would then need to rule that the loans created an undue hardship for you, which is defined as described above. As I told you last time, your best bet would probably be to assist your child in bringing the loan out of default status, then applying for an income based repayment plan.

I will not be taking any action on your case unless you make additional arrangements, and my answering this question does not make me your attorney. You should therefore confirm any answers with your own lawyer. You can also see past answers to similar questions on AVVO at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. See 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon . Answers may contain attorney advertising materials.

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Answered on 8/17/15, 7:32 am


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