Legal Question in Bankruptcy in New York

I filed for bankruptcy in 2011. I requested that none of my student loans be discharged as I would be paying them back and my step-father had cosigned on some of them and I didn't want his credit to be affected. Two weeks ago my step-father went to cosign a student loan for my brother and was denied. He looked up his credit report and saw the charge off for a student loan that I have through Key Bank that he cosigned in 2002. Neither one of us were notified that they were charging off the loan. Shouldn't they be obligated to notify the cosigner? And why would they charge off the loan when it was in good standing? The last document that I received from them was in 2008 stating that my loan was in deferment because I was in graduate school. No letters or phone calls since then.

Note: None of my other private student loans were touched in the bankruptcy. What is strange is that I filed in 2011 and on the credit report it is stating Key Bank wants payment from April, May, and June of this year. That doesn't even make sense. Shouldn't they have had to charge it off when I filed for bankruptcy, not a year and a half later? I have not received any payment information to make a payment since 2008 as my loan was in deferment. The deferment letter states that my loan was in deferment until 2018.

Asked on 7/26/13, 7:42 am

1 Answer from Attorneys

Charles Andersen Charles Andersen, Atty
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Answered on 7/29/13, 1:29 pm

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