Q: I signed a student loan for my daughter and now she does not want to pay what is my recourse. What type of lawyer do I n
A: it depends on the type of student loan what type of relief may be available to you. Most bankruptcy attorneys are able to give you helpful advice how to approach this problem.
A: I am a bankruptcy attorney. The majority of student loans are not dischargeble in bankruptcy. In a bankruptcy, the debtor by way of their (experienced) bankruptcy attorney can file an adversary proceeding (like a mini-trial within the bankruptcy court) to attempt to have their student load discharged. A student borrower must prove that not discharging the student debt would cause an "undue hardship." Now defining this term is something lawyers continue to argue about. However, in Connecticut we follow the Brunner test from a more than 30 year old U.S. Court of Appeals decision.
First, the debtor must prove that it would be impossible to maintain a minimal standard of living while repaying the loan.
Second, the financial hardship must continue for a significant portion of the repayment period
Third, the borrower has made a "good faith" effort to repay the debt.
Generally , in order to qualify under this test, the debtor has some form of major life altering disability.
You on the other hand are merely the guarantor of the student loan, so bankruptcy will not get rid of this debt for you. That is not to say there are not other methods to remove this loan from you but all other methods are equally unlikely and difficult. Please contact me for further information. 203.870.6700
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