Sadler, TX Bankruptcy Law Firms & Lawyers

A chargeoff is merely a bookkeeping entry.  It has nothing to do with whether or not you still owe a debt, or whether the creditor can take collections actions on it. Student loans are generally not dischargeable in bankruptcy.   You can seek an "undue hardship" discharge of the student loans by filing a complaint in your bankruptcy case, but the criteria you need to prove for this is very difficult. There are also non-bankruptcy alternatives, such as doing income-based repayment plans, but you have to get your loans out of default first in order to take advantage of such programs. I suggest having a consultation with a bankruptcy attorney in your area who is experienced with student loan litigation, to evaluate your options more fully. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  

You would need to gather the documents that transferred the property (the deed, HUD statement, sellers disclosure etc.) or any documentation that you have and contact an attorney for a free consultation. Based on the information provided it would be difficult to determine if there is any cause of action.

It depends on whether you file Chapter 7 and Chapter 13, the type of payment ordered in the divorce decree, and more. The general rule of thumb is no, but there are exceptions in Chapter 13 in the right circumstances.