Anchorage, AK asked in Bankruptcy for Alaska

Q: I co-signed my sister's Sallie Mae student loan. She claimed bakruptcy in 2009. Was she legally obligated to tell me?

Her attorney told her the loan wouldn't be discharged or affect me but it was. She filed in Indiana. I didn't know about the bankruptcy until 9 months later when my credit cards were cancelled and the company said it was because I claimed bankruptcy. I didn't know that she claimed or that I became primary borrower. I live across the country from her but the loan servicer (now Navient) sends all correspondence to her instead of me. My good credit was destroyed. Can the case be reopened and the loan discharge be reversed since the attorney misinformed my sister?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Bankruptcy Lawyer
  • Freeeport, FL
  • Licensed in Alaska

A: You write that "attorney told her the loan wouldn't be discharged", but it was anyway? That is odd; normally the debtor's attorney would have to ask that her debt be discharged. Yes, you should have been given notice of the bankruptcy, in any case. I suggest that you contact a bankruptcy attorney in Indiana.

Mr Scott Marshall Neuman agrees with this answer

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