Can I list a student loan payment on my Schedule J if the loan is not in my name?

UPDATED: Jun 26, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I list a student loan payment on my Schedule J if the loan is not in my name?

My father took out a federal student loan for me, and I did not co-sign. The loan is in his name only, and we have a verbal agreement that I will repay it. I make all the payments directly to the creditor. Is this an acceptable expense to list on the bankruptcy schedule J? Will it be contested by the trustee or judge?

Asked on June 26, 2012 under Bankruptcy Law, Nebraska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under federal bankruptcy laws a student loan is not dischargeable under a bankruptcy filing by the debtor. You can list the obligation under your schedule but the loan itself owed to the lender will not be able to be discharged.

However, your obligation to your father for the loan could very well be discharged.

The lender will contest any attempt to discharge this student loan in your bankruptcy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption