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GinBk
10-27-2003, 09:38 AM
Hi:

I declared bankruptcy last week. I have a student loan with Wells Fargo which has a co-signer. I am trying to decide if I should bring an adversary/hardship hearing. I understand that even if win, the cosigner will still be responsible. I don't want to prolong the bankruptcy any longer if I don't have to; it is my understanding an adversary hearing would prolong the discharge. I am trying to elimate stress and prepare for a possible year of interferon treatment for hepatitis c I acquired through a blood transfusion while an infant. I do have medical grounds, but I am very depressed right now, and want to concentrate on getting better and taking care of my daugher; I don't have the energy for much else. My daugher is also infected, and it is possible she may begin treatment. The cosigner said he will contact Wells Fargo and see if he can negotiate. Does anyone have any advice I can offer the cosigner for negotiating. Is it possible Wells Fargo would accept a lower amount as a settlement? If he asked, is it possible they would drop me as the primary account holder and make him the primary? Has anyone brought an adversary proceeding against a company for a student loan? What was your experience. Would it be a mistake to not bring the adversary proceeding now, and can I do it after the bankruptcy discharge? I live in New York State. Thanks for any advice you may have!

kb9tbq
11-01-2003, 01:37 PM
You can accomplish just about near everything and settlement might be one consideration for them, as well as different ways to set up the loan.

I would negotiate that since you have filed bankruptcy that they insure that the original account does not show derogitory against the co-signer!

What type of student loan is this? Government or State, because it was my understanding that government loans could not be included in bankruptcy.

Would recommend taking the time to ask them questions about what all can be done in this matter, you can talk to them direct on this with out proceeding forward yet as what your final plan will be.

Sure hope you are feeling better, and take care.