Hi:
Is there a deadline (time-frame) to file for adversary proceeding on student loans (for a debtor)?
Is there a deadline (time-frame) to file for adversary proceeding on student loans (for a debtor)?
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Usually its best to do it before you receive your discharge. If you wait until after discharge, you have to reopen your bankruptcy case to proceed. -
Yes. After you filed for BK you will receive a letter in the mail letting you know when your 341 creditors meeting will be. It will also tell you when the last day you can file for objections. Don't miss this date.
I filed in June, 341 in July 20 and last day of filing objections just this Monday. I filed a motion to determine the dischargeability of the student loans last week.
Good luck!Comment
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Thanks. What do you think are your chances of success in your adversary proceeding? I feel pretty depressed about mine. I'm being told that I have to be disabled or something along that line for these loans to be discharged---not being able to pay them right now does not count. I have a huge amount of student loans. *sigh* Any thoughts?Originally posted by needinganswersComment
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The student loans are privately funded, so the lawyer thinks that we may have a chance. The fact that the bank won't return our calls is an indication that it may be dischargeable after all. But we won't know unless we file the motion. There's always a risk in everything that you do. However, if you don't take the risk, then you'll never know what the outcome might have been. After all is said and done it would have cost us a minimum of $10K to file this motion and the case may take up to a year. You're talking about someting different, undue hardship. You can search for this online. In fact, if you have the time, you can even find cases relating to undue hardship in the web. It'll give you some insights to help you decide whether to file for the motion or not. Good luck.Comment
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Yeah, hardship discharge is pretty hard to get.Originally posted by donwith
I have post somewhere on here where I talk about this a little more indepth, but you are looking at it about the right way, you basically need to have no earning potentional that will put you over the federal poverty limit for the foreseeable future to even have a shot at a hardship discharge. Plus, you needed to have used the various options available to ease repayment...i.e. deferments, refiance etc.
The sad fact is, those that need a hardship discharge cannot afford an attorney to do one, and those that can afford an attorney...the very fact that they can afford the attorney means they probably won't qualify for a hardship discharge.Comment
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Wow. It could take that long and cost that much? Could you please elaborate on this? I plan to do it on my own, without a lawyer; I can't afford one anyway. Thanks.Originally posted by needinganswersComment
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I just can't get over this. Who can pass this test?Originally posted by HHM
I graduated from college three years ago, but still couldn't find a decent job. I have a minimum wage job I can barely survive on (unpaid bills have piled up, and hence Ch. 7). I am single and not disabled. Under these circumstances, am I assumed to have an earning potential above the poverty line for the foreseeable future?Comment
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Hi,Originally posted by donwith
If you're planning on filing for an undue hardship my advice is to get a lawyer. I don't like dealing with lawyers myself, but they do know a lot about the law and you don't. You know what I mean. I have a different a case. If you click on my name it will show all my posts. Good luck to you.Comment
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