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Co-signing parents filed for Chapter 13 Bankruptcy.

Bellevue, WA |

My parents co-signed on two of my student loans. I have been making payments on-time and in full on these two loans since repayment began. Well, my parents filed a Chapter 13 bankruptcy and my creditors are telling me the accounts will be listed as a "charge-off" on my credit report even though I am current on all payments. They will not bring the account back into current status. What are my options? My credit is decent and I am worried it will be ruined by this.

I should add that since they filed for bankruptcy, I have been sending in payments through the mail so the accounts remain current.

Attorney Answers 5

  1. Is is okay to dispute this information on your credit report. The phrase "charge off" means that the account is more than 180 days late & this is incorrect. Hope this perspective helps!

  2. Chapter 13 has protections for co-debtors such as yourself. Your lender may be liable for violating the bankruptcy stay in your parents' case, depending on how their plan is structured. Are they still accepting your payments? You should meet with an attorney who handles both Fair Credit Reporting Act (FCRA) and bankruptcy matters. You may be entitled to compensation for the damages to your credit.

    This answer is in the nature of a general legal analysis and is not taylored to the facts of your specific situation. It should not be construed as legal advice, and you should meet with an attonrey before taking action on this matter.

  3. I agree that you can dispute the negative credit information directly with the three credit bureaus.

  4. A charge-off would be innacurrate if it were on your report and you are up to date on payments. You should obtain the advice of a "credit cleaner" who can clean this up for you.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

  5. Your personal credit report is personal to you. Yo did not file bankruptcy. Having said that, I don't understand the "charge off" entry on any level. Student loans are, basically, nondischargeable. I'd suggest you keep making the payments, on time, and do it is such a way you can prove it, if at all possible. Also, challenge your credit report. I really doubt they charged off your student loan. Why would they? Further, the fact that the Chapter 13 provides you with a codebtor stay (until relief is obtained) means they cannot take any collection action against you - and that generally includes negative credit report entries. Si, I'd make the payments and challenge the report and see if they get it right. If not, I'd contact a qualified attorney to take a look. We'd be willing to help.

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