Mom's bankruptcy going to kill me?

[IodineNightSky]

So, back in Jan 2004 my mom co-signed for me on a PRIVATE school loan (not fed'l backed) from Sallie Mae for 10k.

I also have 45k in consolidated school loans with SLM where my mom didnt cosign.

 

I tried to sign on to salliemae.com to pay my loan payments today and it said to call in and that I couldnt access my account online.

I call SLM and spoke to 7 (not an exaggeration) different guys in India who I could barely understand. Finally the 7th one told me that the reason I can't access my accounts online is because the 10k loan my mom had cosigned for is listed in "bankruptcy status".

 

I explained that it was my mom who declared bankruptcy (just a couple weeks ago) and that I most certainly dont want it in bankruptcy status and that I want to pay on it. I dont want it listed on my credit report anywhere anything about bankruptcy, even if its just on this one account.

 

My mom has had 0 to do with the account since she cosigned for it over 4 years ago. I've made all the payments on it.

I asked the guy how I can get my mom off the account as a cosigner and basically the requirement is that I have to make 2 full years of ontime payments - well, I had some late payments about 6 months ago, so that wont work, at least not for a year and a half longer.

 

SO, I kept trying to get them to give me someone who really understood my problem on the phone and that never happened. The last guy said to fax them a letter with all the information, which I will do in the morning.

 

In the meantime, does anyone know the law on this sort of thing?

 

I'm 90% sure this account wasnt included and discharged in my mom's bankruptcy, but it was listed on her list of creditors. there is some rule where while youre going thru bankruptcy your school loans go into deferrment or something - maybe its just that?

 

anyone know anything about that. im sort of freaking out about it.

thanks.

[LynnInMN]

Since one of makers of the loan filed BK, it is legally included in BK...it doesnt matter that she didnt make any payments on the account. Sallie Mae is handling it the way they are suppose to. However since it is non dischargeable in BK, once the BK is discharged it will come out and the status will return to its previous status.

 

During the BK stay, if you wish to make payments, they must be done manually....send in a check. Sallie Mae is not permitted to automatically draft payments, bill for payments or anything else for that matter....the account is basically locked down. However once the BK is discharged, all interest accrued during the BK stay will be updated.

[IodineNightSky]

Lynn! thank you so much for your reply - it's incredibly helpful!

 

You say it is "non-dischargable" - but since it's a private school loan rather than a fedl school loan wouldnt it be dischargable? I'm not asking in hope that they would discharge it but to make sure I take the action to confirm that they don't discharge it.

 

Regarding your comment on the interest: this is a high % loan, something like 14% - and it's 10k - so that is a lot of interest - it sounds like youre saying I can mail in payments and everything from my end will stay the same - meaning my mom's bankruptcy wont cost me more than the price of stamps.

 

I wonder how this will be reflect on my credit reports - I'm obviously very weary of the word bankruptcy popping up on my reports, even if only in the comment section of this single loan.

 

 

 

 

Since one of makers of the loan filed BK, it is legally included in BK...it doesnt matter that she didnt make any payments on the account. Sallie Mae is handling it the way they are suppose to. However since it is non dischargeable in BK, once the BK is discharged it will come out and the status will return to its previous status.

 

During the BK stay, if you wish to make payments, they must be done manually....send in a check. Sallie Mae is not permitted to automatically draft payments, bill for payments or anything else for that matter....the account is basically locked down. However once the BK is discharged, all interest accrued during the BK stay will be updated.

[LynnInMN]

All student loans public or private are non dischargable per the BK code.

[las_03]

FWIW, I had a question for Sallie Mae a week ago and got a state side person from the number in their email. They said if I had any other questions later I could call their "direct line" for customer service. That turns out to be India. I truly could not understand the man and was not happy with the response. I called the first number back and asked if there was someone in the US I could talk to. The rep was nice and said since I asked she could transfer it for me. Definitely gave me the impression that she couldn't offer it in the first place, I had to ask.