A discharged debt.

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A discharged debt.

I cosigned for my fiance on a loan in 2003. He later had to take bankruptcy (ch 7) which included this loan. The loan was discharged and he got a release. In 2008 we got married. The bank is now trying to get the money (actually 2 times the amount) from us. It is on my credit report and is threatening my job. Is this legal? What can we do about this?

Asked on June 5, 2009 under Bankruptcy Law, West Virginia

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

What you need to do is contact a local attorney who handles collections. You also can choose to contact the attorney who handled the bankruptcy if there is one. Without more information I cannot completely answer your questions but in a nutshell if the loan was discharged and you have been given the appropriate paperwork you need to present that to the Bank

at that point the bank should cese collection efforts and if they are not stopping this is why I advise hiring an attorney because they will be able to contact the bank and ensure you are no longer dealing with this problem


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