Motion to File Dischargeability of Debt

[needinganswers]

Does anyone know what's involved in filing dischargeability of debt? The lawyer is asking $290/hr. and it could cost at leas $3K. We filed last June, 341 last July and last day of objection next month. My lawyer is referring me to this other lawyer who will be the one filing the motion, but why so much?? Thanks for your input.

[HHM]

A motion to determine dischareability is like a mini-law suit culminating in a mini-trial, that is why it is expensive. The motion is really a complaint, the other side responds with an answer, discovery is taken from each side, and if no settlement can be reached, the case goes for a half day trial.

[needinganswers]

Thank you, HHM. I emailed you back Friday. I brought up your idea to my lawyer and the lawyer referred me to another lawyer who's asking for at least $3k to file this motion. This is a lot of money for someone who has filed for bankruptcy. Lawyer says that he believes that this will be a winnable case otherwise he wouldn't even think of filing a complaint. I'm not sure. I'd like to be optimistic but again this is $3K we don't have. Can I lawyer really charge this much? Does this mean I have to go back to court again?

[HHM]

$3000 seems like a lot, but aren't you facing over $100k in student loans (I forget how much you owe), but if this lawyer thinks he can win it, I think you should go for it.

[needinganswers]

Thank you HHM.

[HHM]

In the scheme of things the worst that can happen is that you still owe the student loans plus, possibly, a few thousand dollars in attorney's fees to the other side if you lose. (in these types of proceedings, the judge may order you to pay the other sides attorney's fees if you lose).

[needinganswers]

Thank you. Not sure what to do now. I have a meeting with the lawyer tomorrow. I guess I'll find out what he's got to say. Am really curious as to what reasoning he'll use for the trial that makes him so confident that he'll win this case. I've been doing my resesearch and I don't believe we fit under the undue hardship. Although we have a negative of $209 now on the expense sheet, another $750/mo. student loan (probably a lot more now) will add an add'l burden on us. We haven't even started paying the loan. We have been asking for deferrment because we don't have any money to pay. Sure filing BK helped us get rid of the cc bills, but keeping this student loan is like paying cc bills for the next 20 years or so.