I’m a Stay At Home Mom With Student Loans. – Chelsea

“Dear Lewis,

I am a stay at home mom, with a student loans. My husband and I share nothing regarding credit. However, I am an autherized users of his credit card. I have 16k dollars worth of student loans I have to pay back, but we are barley making ends meet as it is.

Can I file for bankruptcy without it hurting my husband?

Will filing for bankruptcy help me with the loans I can’t pay?


Dear Chelsea,

Unfortunately, bankruptcy is not going to be able to do anything regarding your student loans – unless you consider a chapter 13 to spread the payments out over 60 months.

Chapter 7 cannot discharge student loans in almost all cases. And nothing you have told me would lead me to believe you are entitled to a hardship discharge, which is almost impossible to get.

As to your husband if you did file bankruptcy, he would not be affected. As long as he continues to pay the debts he is obligated to pay, any bankruptcy filing by you would not hurt him.

Good luck!

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

If you have a bankruptcy question you’d like to ask just use the online form.

Steve Rhode
Latest posts by Steve Rhode (see all)
See also  I've Made an Appointment With a Credit Counselor But What Should I Do? - Mary

Leave a Comment