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Hi, new member, and I filed pro se, and I need to file for an AP to discharge SL

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  • Hi, new member, and I filed pro se, and I need to file for an AP to discharge SL

    Hi all, I appreciate any info. and advice!

    I filed ch. 7 BK last week. I received a notice of the meeting of creditors, but that's all I've recieved so far. Do I need to do anything at all before that? And will the trustee be contacting me on when I'll meet with him/her?

    I have no real estate, and nothing of value, including a car. I was homeless for a year and a half, up until June of this year. I have not had an income since May 2010 (which was only unemployment). I haven't had a job since Feb. 2007. My parents are paying for me to rent a room in a house, and am on food stamps. I am partially disabled, and cannot accept just any job. I also had a conviction on my record (recently expunged), and all of these reasons, as well as the economy, have made it virtually impossible for me to obtain employment. My student loan is 25 years old. During that time, I have made many payments, but over that 25 years, the account's been on deferment or forebearance longer than it has been in repayment status due to my not being able to afford the payments.

    I would love to get rid of this student loan via adversary proceeding, if at all possible. I just need to know how to properly do that. I found help to get my BK paperwork done, but I can't findd anything on filing an AP! Is there anyone here who can advise me on the proper paperwork and procedures for filing an AP? I would really appreciate any help and info, thanks again!!!

  • #2
    Hi Ken, welcome to the forum.

    With that said, I cannot advise about student loans. As you know, the vast majority are not dischargeable. I am certain that someone else with better knowledge about student loans will chime in.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment


    • #3
      Originally posted by Ken5368 View Post
      I filed ch. 7 BK last week. I received a notice of the meeting of creditors, but that's all I've recieved so far. Do I need to do anything at all before that? And will the trustee be contacting me on when I'll meet with him/her?
      The meeting of Creditors is when you'll meet the Trustee or his/her representative. The Trustee runs the 341 Meeting of Creditors and you need to show up on time. You should also reach out to the Trustee's office (your Panel Trustee's office) by checking their website or contacting them directly. This contact should be made to insure that you are in compliance with what documentation you must provide PRIOR to the 341 Meeting. Don't put this off since it could cause a delay in your 341 Meeting and you could be required to attend a subsequent 341 Meeting. You should have already started to send the required documents to the Trustee since they generally want them 7 days prior to the meeting. You need to check what specifically your Trustee/District requires since it varies. It it typically 90-days of paystubs, last 3 years of tax returns (if you haven't done them you need to do them!), and they sometimes require copies of your bank statements for the last 30-90 days as well.

      Originally posted by Ken5368 View Post
      I would love to get rid of this student loan via adversary proceeding, if at all possible. I just need to know how to properly do that. I found help to get my BK paperwork done, but I can't findd anything on filing an AP! Is there anyone here who can advise me on the proper paperwork and procedures for filing an AP? I would really appreciate any help and info, thanks again!!!
      Getting a student loan discharged is really difficult, even for attorneys. You need to learn about how to file a "complaint" which is a formal lawsuit (they call them adversary proceedings (APs) in bankruptcy). You need to learn the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence (FREv) and the Federal Rules of Bankruptcy Procedure (FRBP). You need to know and understand how to file the complaint and then serve the summons and complaint on the creditor. These are procedural issues, but you should look to some examples in your District.

      If you're going to do this, it's going to take a bunch of research. There is no easy way around it. You have to articulate why your loans should be discharged and that typically means that you are permanently disabled or will never in your life be able to earn "some" money. I can't tell you what "some" money is in this context. You should find a legal library in your area and/or spend a bunch of time at the Bankruptcy Court so that you can use PACER for free.

      Remember, the AP is a real full blown civil procedure (lawsuit) and you need to learn how to properly formulate your complaint. It needs to be done properly for your District. You may want to search BKForum for posts about discharging student debt.

      I am not trying to discourage you, but it's a high bar.

      Some threads on discharging:

      Regardless of whatever anything says, your student loans are not discharged...

      A Successful Student Loan Discharge, Totality of Circumstances -- This one links to a case in the 8th Circuit

      http://www.bkforum.com/showthread.ph...or-my-daughter

      http://www.bkforum.com/showthread.ph...e-in-Chapter-7
      Last edited by justbroke; 10-12-2012, 07:52 PM.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        Prof Just broke you are so awesome, the articulation, the information , man... so awesome.. i agree with just broke, adversary proceeding is a lot complicated than just filing chapter 7. follow just broke.. his advice makes sense. gl.

        Suggestion

        prove such hardship from your end. convince them why your SL should be discharge
        Good Luck!

        Comment

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