Chapter 7

What is the name of your state? FL

I am recently divorced and the judge "awarded" me my ex-wife's $13K credit card debt and other debts. I also have my own credit card debt ($15K) and old (20+ years) student loan debt ($60K). I am wondering if the student loans can be discharged (I've heard that they can if they are a certain number of years old). I have few assets left. What do you suggest? -Robert

generally, you'll need to prove a hardship to get student loans canned (who knows, you might be able to use the old laws because the loan(s) are so old).

if the cc debt form your ex is just a debt division and not a form of support, you can get her cc debt (that you're now responsible for) canned in bankruptcy, she'd be left having to pay it then, haha.

[Ladynred]

It may be very difficult to get even those old student loans discharged based on the 'old law' tactic. I read a long case about a guy who tried to do exactly that.. get it discharged based on the fact that they were BEFORE the change in the laws. He fought for quite some time.. and he lost anyway. The guy is also a lawyer.

The Dept of Ed holds tight to those student loans.. even the old ones.. you can try, but you may be in for a very long uphill battle.


Those debts 'awarded' to you by the divorce judge - were they soley in HER name, or were they joint ? The fact of the matter is, if HER name is the ONLY one on them, then the BK court is not going to care what a family court judge did to 'give' them to you.. they're not literally YOUR debts - they're hers. If you stop paying on them, the creditors won't care either... they'll go after HER for payment - and she'll try to come after you.

Sooooooooooo... if you go that route, make certain you add the EX into your filing as a creditor so she can NEVER come after you for those debts she will end up paying (or defaulting on) anyway.