Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you
You certainly have the right to refuse to agree to do this under these terms. The language about the debt not being dischargable is meant to prevent you from filing bankruptcy, getting a discharge, and then the same creditor coming after her for the same debt. That's why they want the debt to be non-dischargable, and that's also why they want you to agree to transfer the debt over to your name.
If the $12000 is mainly her debt, and they're wanting you to pay 70%, that certainly doesn't seem fair.
I would suggest that you make a counter-offer that you're willing to agree to. If you can't reach a compromise, the judge will decide. In that case, the judge will likely order each of you to pay 1/2 of the debt.
Also, you should not agree to waiving your right to discharge this debt in bankruptcy as courts can hold these agreements as valid - which would largely defeat the purpose of filing.