Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
It does not make that much of a difference which chapter since this is a Sallie Mae loan.
Sallie Mae will not come after you because your son is still responsible for the loan. Student loans are generally not dischargeable in a bankruptcy case. In addition, Chapter 13 offers protection for co-debtors who are not filing for bankruptcy. This means that Sallie Mae will not contact you for payment while the Chapter 13 case is pending.
Depending on his Chapter 13 plan, your son will either be making payment to Chapter 13 Trustee for the student loan or making payments directly to Sallie Mae. This assumes that his loan is in repayment. If his loan is not in repayment and is either in forbearance or deferment, then no payment will be made during the Chapter 13 case. Your credit may be affected because this information will be reported on your son's credit file and since this a joint account basically, the same information might show on your credit file. Apart from that, you will not be affected in any other way, and because generally student loans are not dischargeable in bankruptcy, your son will still be the primary borrower on the loan and still be liable for the loan.