"Will the chapter 7 protect a student, who has a student loan, from any legal liability to the co-signer of the loan." -- In my non-researched opinion, no. If the debt remains an obligation of the debtor because it is nondischargeable the debtor remains liable to the co-debtor under common law indemnification principles.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
I agree with Mr. Daymude's answer. I also will add that the student loan creditor may come after the co-signor of the loan should it not be able to collect from the debtor that benefited from the loan. Filing bankruptcy by either co-signors of the student loan will not eliminate the debt they own to the student loan creditor and will not eliminate any obligation one has to the other co-signor.
I agree with my colleagues.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.