Can cosigned debt from divorce be collected on if decree states otherwise?

[Melekal]

What is the name of your state (only U.S. law)?

Utah

My girlfriend cosigned on a student loan for her ex husband back when they were married. The loan stated that she would be taken off after 1.5 years. After that the loan was sold to another company who claimed to have no record of the qualification that she would be removed.

After that she got divorced and in the divorce decree that student loan was called out as being his debt and that she was not responsible for it. Now her ex husband is on disability and has claimed bankruptcy. He has no plans to pay on the student loan at all and has told her this.

Now she is being contacted by the bank demanding that she pay back the $60,000 for the student loan. Does she have any recourse at this point? She has worked hard to get out of debt and this should have been removed as her debt in two different ways. If not what are her options?

 

[ShyCat]

Creditors are not a party to a couple's divorce and are not subject to the divorce court orders. She can pay the debt and sue her ex for restitution per the divorce agreement.

 

[Zigner]

Creditors are not a party to a couple's divorce and are not subject to the divorce court orders. She can pay the debt and sue her ex for restitution per the divorce agreement.

The bankruptcy may throw a wrench in to this though...

 

[FlyingRon]

If it's a chapter 13, the stay probably keeps the lenders from pursing the cosigner until discharge. In a chapter 7, the cosigner is unaffected by the bankruptcy. The lender can immediately switch their efforts towards the cosigner.

 

[Zigner]

If it's a chapter 13, the stay probably keeps the lenders from pursing the cosigner until discharge. In a chapter 7, the cosigner is unaffected by the bankruptcy. The lender can immediately switch their efforts towards the cosigner.

I was actually referring to the suggestion that the OP's GF seek reimbursement from the ex.