Legal Question in Credit and Debt Law in Pennsylvania

If I am in default on a student loan and my husband takes money out from his IRA will they take it? They did take our tax refund.

Asked on 5/19/11, 12:56 pm

1 Answer from Attorneys

IRAs and federal tax refunds are 2 different things. Is just your name on the student loan? If so, then from now on you and your spouse should file taxes separately. At least that they, they will not be able to intercept any of your husband's tax refund.

If your husband takes money out of his IRA, they cannot get it. To be on the safe side, you and your husband should have separate bank accounts and your husband should put the money in his bank account only and not commingle it with you.

Looking down the road, this appears to be a federal student loan (I make that assumption based on the fact that they got your tax refund). If it is, this will stay with you until death. You cannot even discharge this debt in bankruptcy unless you qualify for a hardship (you would have to speak more in depth with a bankruptcy attorney about this) You will need to make arrangements to pay it somehow. If I am wrong and this is a private student loan, then it can be discharged in bankruptct. Only you need to file if this is the only serious debt; your husband does not need to file unless he also has debts that he wants to discharge.

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Answered on 5/19/11, 3:21 pm

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