Is it possible to remove my name on a private student loan I co-signed?

Question Details: The loan is in default, 4months behind, debt collector wants 1200 by 10/14 or the loan will be due in full (60K) and they will garnish my wages. Can I include this in a bankruptcy?

Asked 10/9/2009 under Bankruptcy | 230 View(s) | More Legal Topics

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Bankruptcy Law Answers

Depending on specific state law, they may be able to garnish a portion of your wages or bank account(s).  As for bankruptcy, generally, student loans are not dischargeable in but it is possible if you can prove that repaying the loan would be a severe hardship for you; a very difficult standard to meet.  Courts consider several factors in making this determination, including:

  • your income and expenses
  • how long your financial problems are likely to continue, and
  • how hard you've tried to repay your debt.

You must file a separate court action in your bankruptcy proceeding supporting your discharge request. You'll probably need an attorney to help you with the procedure.

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