My Husband Had His Private Student Loans Eliminated in Bankruptcy But Mine Were Not

Dear Steve,

I declared bankruptcy almost 5 years ago and the attorney told me that it was impossible to discharge student loans.

However Sallie Mae immediately discharged my husbands private student loan of $165K without a fight or even asking them to, but not mine for 23K.

I was wondering if I could still add that to the BK since the money was used for living expenses and car payments and not for school.

A couple thousand might have been used to pay for tuition but most of it was spent on whatever you want money.

The loan was definitely in place before we declared BK and right now I am on a special plan of repayment for a year, because we are on food stamps and state help. My husband has been working off and on but nothing solid we are waiting to see if he gets into a certain school but its not looking good.

Can this be added to a BK filed 4.5 years ago and how do I do that if it can? What do you think it would cost? Could sallie mae ever come back and collect on my husbands discharged loan once we are making money some day hopefully?


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Dear Lindsey,

Technically it is possible. Your bankruptcy attorney would have to go back and consider filing an adversary proceeding and make the case for the discharge of your loans. You'd have to ask your bankruptcy attorney what it would cost.

It would make it a slam dunk if your loans were used for a school that was not accredited at the time you attended. I talk about this type of easy discharge in this article.

If your husbands loan was discharged in the bankruptcy the legal obligation to repay the loan is terminated.

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