Student loan question( not his)

[DYLAN150]

My neighbor got divorced three years ago and agreed in the divorce decree to pay his wife's student loans from their marriage. Question, now he is filing for chapter 7, is there a chance he can write these loans off? They were hers but he agreed to pay them.

[biotechsolution]

Nope. But he can always default, if the loans aren't his they'll go back after his ex-wife. She'd then have to take him to court to enforce the decree.

[justbroke]

Exactly. Even though he can discharge his liability to the creditor for the loans he cannot "divorce" himself from the order of dissolution (pun intended). The ex-spouse will just seek a judgment from the family court to enforce the divorce decree.

Since he agreed to pay them in the dissolution, then he has agreed to pay them. Always funny how post-divorce people want to change terms of the divorce decree. He just has to suck it up and consider that he spent a lot of money to get a divorce, and that it is, perhaps, the best money he has ever spent.

[tcreegan]

Hi Dylan,

Generally speaking, court-ordered payments....alimony, child support, restitution, that sort of stuff, doesn't get discharged in a Ch 7 BK

Tell your friend he is in for the long haul on the divorce decree....

Tom in Colo