If I filed bankruptcy and a loan I was on was included but it’s part of my divorce decree to pay it, am I still obligated to pay it?

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If I filed bankruptcy and a loan I was on was included but it’s part of my divorce decree to pay it, am I still obligated to pay it?

I pay a bill each month that was listed in our divorce decree as me paying it it was for a student loan of sorts. However I filed bankruptcy over a year ago and they took me off of it and placed my ex husband on it. He gets the tax write off and I pay it still.

Asked on June 19, 2012 under Family Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under federal bankruptcy laws, student loans cannot be discharged in a bankruptcy. With respect to the student loan that you were obligated to pay as part of your marital dissolution decree, you are still obligated to pay it.

If you are still paying on this loan, you should get any tax write off on it as opposed to your former spouse even though the ex husband may now have the student loan in his name.


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