Can a parent file for chapter 7 bankruptcy and include a child's tuition debt owed to a university? 7 Answers as of August 05, 2016

I have no federal loans. Child was over the age of 18 at the time of the tuition being accrued. Is this possible?

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Everything is included in the bankruptcy. You must disclose all your financial information. You need to discuss this with a knowledgeable local bankruptcy attorney. There are procedures to file a lawsuit within the bankruptcy to request that the student loan debt be forgiven. I can't comment on the merits of such an action without much more information.
Answer Applies to: California
Replied: 8/5/2016
Ronald K. Nims LLC | Ronald K. Nims
Bankruptcy will discharge any liability that the parent has for tuition debt to the university. The child will continue to be liable on this debt. Bankruptcy only discharges the debts of the bankrupt, cosigners liability is not affected. Note that tuition debt owed to a university is dischargeable but student loans are not dischargeable regardless of what purpose the money was used for.
Answer Applies to: Ohio
Replied: 8/3/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If you were a co-signer on that loan it is your debt too. Generally these loans are not discharged absent some extraordinary hardship circumstances. You should consult with local counsel.
Answer Applies to: California
Replied: 8/3/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Federally insured student loans or loans with private schools are typically not dischargeable in a BK. There are exceptions. Other then that, it shouldn't be a problem (its impossible to give a yes or no answer without reviewing paperwork).
Answer Applies to: Colorado
Replied: 8/3/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
Every debt needs to be INCLUDED in a bankruptcy. If the debt is just for tuition, it can be discharged by chapter 7 bankruptcy. if the debt is a STUDENT LOAN, it will not be discharged without filing suit (called an Adversary Proceeding) and showing proof under what is called the BRUNNER TEST that there are extreme reasons for allowing you to escape from paying this debt.
Answer Applies to: Nevada
Replied: 8/3/2016
    Stephens Gourley & Bywater | David A. Stephens
    A parent should list any student loans of a child which the parent guaranteed. A parent should not list any student loans of a child which they did not guarantee. Student loans are generally not dischargeable.
    Answer Applies to: Nevada
    Replied: 8/3/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    It depends on whether you signed a promissory note or guaranteed it. If not, then it is not your debt. If you did sign a guarantee of some sort, however, it is probably not dischargeable in bankruptcy.
    Answer Applies to: Oregon
    Replied: 8/3/2016
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