Filing chapter7 joint acct. will this blow up on me

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Latest post 02-13-2009 11:12 AM by Kivi. 2 replies.
  • 02-11-2009 2:08 PM

    Question [=?] Filing chapter7 joint acct. will this blow up on me

    I will be filing ch 7 soon and would like to know if any one has ever heard this question before. My wife has a student loan sallie may and all the collectors that come with it. My case is all consumer debts. I am including her student loan because she can't pay it and neither can I. I get SSDI and OWCP from US Govt. I am permanently disabled. If I include her student loan in my case can they then turn around and say that I owe them? In other words will they then come after my money even though 5 usc 8130 and 42 usc 407 apply to me and my money. Would that make the student loan my responsibility? Also would I be able to use "complaint to determine dischargeability of student loan" form to get this loan discharged. Anyone ever had any success using that form? The loan is in collection with who knows who at the moment. They sell these things like candy between collectors. My wife get 5 bucks from my SSDI and no other income. She has been unable to work for over 14 years and they knew that when she signed and she is being treated for depression at this time. What are my chances at succeeding to help her. I don't care about me because I am untouchable so to speak, my money can only be taken for child support, alimony, federal taxes, owe to another federal agency and the one that scares me student loans.
  • 02-12-2009 8:32 AM In reply to

    Feedback [*=*] re: Filing chapter7 joint acct. will this blow up on me

    If the student loan is in her name only, then it really is not part of your individual bankruptcy unless both of you are filing. You likely do not have any legal obligation on her student loan unless you two consolidated your student loans together at some point along the way. (This one is no longer permitted, but it was an option in the past.)

    Your option for your wife is to file her own bankruptcy and try to get it discharged in an adversary proceeding. This one is not a good do it yourself legal project. See an attorney before attempting this one.

    If you wife is disabled, she might qualify for a hardship forgiveness of the loan. Go the the Dept. of Education student loan website and see if you can find the info on this one.



  • 02-13-2009 11:12 AM In reply to

    • Kivi
      Consumer
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    • Joined on 01-01-2005
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    Feedback [*=*] re: Filing chapter7 joint acct. will this blow up on me

    I hate to say this, but your questions suggests that you really do not know what you are doing with your bankruptcy filing.

    Seems to me, if your income is exempt from garnishment, you may want to rethink whether you actually need to file. (I don't know what other assets you may have, of course.)

    If I were you, I would hire an attorney to help me thru this one. It may be that your wife needs to file, but you do not. Or maybe neither of you needs to file.

    I also agree with the suggestion that she try to get the student loan forgiven on the basis of hardship because of medical issues causing her to be unable to sustain gainful employment, if that is, in fact, the case.
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