Question:
If a person was a co-maker in a student loan ( not the student ) and they filed for Chapter 7, included the student loan debt and recieved a discharge, is the "student" still 100% liable for the loan

Answer:
Yes. Moreover, unless the court discharged the student loan in a separate proceeding to determine the dischargeability of the student loan the Maker is also still liable. The basic discharge does not reach the student loan obligation. I try to be fairly complete in my replies, but in this instance I didn't see anything that would lead me to believe that the OP's question was related to anything but a "student loan." How could you tell the OP was asking about a loan not covered by 523(a)(8)? (a)

A discharge under section 727, 1141, 1228(a), 1228(b), or

1328(b) of this title does not discharge an individual debtor from

any debt - *** (8)

for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend, unless -

Because there needs to be a clarification on just exactly what constitutes a student loan. They are not all the same. In Iowa for example it is written right into the law that credit based private student loans are a consumer loan. I don't know what kind of loan is being discussed here either but they shouldn't be painted with the broad brush that ALL student loans are not dischargeable. Wells Fargo tried that with me and lost in two venues because they were these credit based private education loans. Bankruptcy court and state court both refused their claims.

I wouldn't want people to confuse a private loan with a student loan as defined by the Bankruptcy Code. In the future I'll preface my student loan comments by indicating that those student loans made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution are of not affected in the ordinary course of a bankruptcy case. This was one of those citi-ist student loans by citibank, the college was a private college .any change there? Although the rules may vary a bit depending upon where you reside, you'd at least need to know whether a governmental or nonprofit agency was instrumental to the availability of the loan in question. To illustrate: Northwest Bank is/was a for-profit entity, but its involvement in student loan funding is/was part of a complex multiparty agreement that included at least partial funding from nonprofit institutions. In the 9th Circuit, this partial nonprofit funding was held to be sufficient to bring Law Access program loans under the exception from discharged articulated in 11 U.S.C. 523(a)(8).