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post post post please: info on student loans, undue hardship, and all that jazz

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    post post post please: info on student loans, undue hardship, and all that jazz

    Can somebody who conquered the impossible - successfully discharging their student loans due to undue hardship - post some details here?

    Just any details whatsoever that haven't been posted before. For me and others lurking.

    For example.....

    Did anybody represent themselves?

    For those who had a lawyer, did the lawyer charge $5000 or what for the adversary proceeding? Did the lawyer accept a payment agreement?

    Instead of the whole adversary business, was anybody advised to take the Ch. 13 route for the student loans and Ch. 7 for the credit cards?

    Or can you do that Ch.13 at all? Particularly if you're self-employed and your income varies from month to month?

    Anybody in the Nashville, Tennessee area try to bankrupt their student loans? A TN attorney name would be terrific, too.

    How did you begin the process - did you ask the attorney before any consultation if he or she would be open to doing an adversary proceeding? I only ask because some lawyers say you can't do it, period, and we know you can - it's just extremely difficult.

    Did anybody undergo a psychological evaluation so they could honestly declare themselves permanently mentally disabled? Seriously.

    I've read that Chuck Stewart book, and it has a lot of useful info, although he only devotes a page to the trial process, saying you win in the mediation. And his position on representing yourself makes sense, but I doubt I can do it, and I read everywhere else that a lawyer is a must in this situation. I reckon that's true.

    In my case, I've had student loans for 14 years, originally $57,000, I put over 22,000 bloody dollars on them until I could afford to do it no more and set and reset the clock on forbearances and deferments for the past seven years, and now the balance is stuck at $59,000. I won't talk like a soap opera and go into all the deaths and diseases and debts that have popped up along the way since then, except to say I think I make a good case for undue hardship - don't we all? Where I'm at right now is, well, the start - gathering my documentation and finding a lawyer.

    Thanks a bunch in advance.

    #2
    I am familiar with the book, but have not read it.

    I suppose if you read the book, you probably have about as much information as anyone can provide on this site. And frankly, I can't recall any member that has actually gone forward with a discharge proceeding for Student Loans.

    As for fees, $5,000 seems about right.

    Chapter 13 doesn't really help any, all you do is make the payment along with any other debt, and once the chapter 13 is over, if there is any remaining balance on the student loan, you need to continue to pay it after the fact.

    What is your "self-employment"? The main problem you will face is that you "have" been working, still work. Granted, if you have a slew of "real" psychological issues and physical issues that will prevent you from earning sufficient income to both meet your living needs and pay your students loans, then you are a good candidate, but that is an answer no one on this board can provide.

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      #3
      No one? OK, thanks for your help!

      Comment

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