Expert: Terry Leeders - 5/26/2008

Question
In 2004, I took out two student loans one with AES and the other one I thought with Suntrust (on my credit report its Wells Fargo).  I was attending college, but then fractured my neck in a car accident in March of 2005.  Because I had to leave school I had to start paying on my AES student loan (btw..these are both private loans, as of today my Wells Fargo loan is still in deferrment).  I separated from my husband and we got a divorce in Oct of 2005.  In the divorce papers the judge ordered him to remove my name from our home mortgage and I was to remove his name from the educations loans.  Of course you cant just do that based on a divorce document and I was unable to consolidate the student loans on my own.  So I continued to make payments on the loans on time until I checked my credit report one day in Feb of 2007.  Then I find out my student loan was put into collections and I owed the entire balance in full in one payment.  I called up AES to find out why and they said my ex husband said I forged his signature so they removed his name from the student loan and made it entirely my responsibilty to pay.  I asked them how he was able to pull of proving i forged his signature and they said he had his signature notarized at a lawyers office and sent in to the company.  Keep in mind AES NEVER contacted me once to let me know what was going on..if they had I could have easily shown them the divorce documents asking me to remove his name from the student loan.  Now..I am assuming he did the same thing with the Wells Fargo student loan but they didnt dump my loan in collections, they have kept it in good standing, just changed the responsiblity portion to Individual borrower.  So after 2 months of trying to get to speak to someone at the Fraud department at AES (no one would return my phone calls and listen to me), I finally got to plead my case with a lady in the department only to have her tell me its too late, nothing they could do once the loan was in collections.  She wouldnt hear me out or let me fax her the divorce documents.  She said I should have disputed it during the fraud investigation, which i never even knew occured.  So...my point is now Im stuck with a 20,000 payment to Zwicker and Associates (the collection company).  For over a year now, I have made them payments of 237.00 a month ontime but cannot afford to pay off the loan and my credit is ruined.  I asked them in Oct of 07 if they were going to sue me and they said no unless I miss a payment but they dont like to see loans in collections for 3 or 4 years.  Is there any way to discharge this student loan?  I have told AES and Zwicker and Associates I know this is my loan I accept responsiblity for it but I never forged a signature, and no police report was ever filed by my ex husband.
Thanks,
Trish

Answer
Unfortunately, all educational debts are non-dischargeable in chapter 7.  You may consider a consolidation, where you can pay them a lower percentage each month for now, and pay the rest after your case, but they will not discharge, and you will ultimately owe/pay 100% of the debt.


Followup: I did read your whole question.  The only question you asked: the 2nd to last line: Is there any way to discharge this student loan?
The answer is no.  It makes no difference if your ex fraudulently took his name off the debt. You are responsible, the divorce decree says you are repsonsible, and bankruptcy will not discharge educational loans of any type.  It doesn't matter if it is in collections, if they sue you or  if they are private loans or not. THEY ARE NOT DISCHARGEABLE IN BANKRUPTCY.  YOU SHOULD RE-GRADE MY SCORE.