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What comes after filing an advesary hearing for student loans

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  • What comes after filing an advesary hearing for student loans

    I filed my chp 7 bankruptcy pro se and then filed an adversary to get the student loans dismissed. The clerks office said I have to do something now, but they can't tell me what. Does anyone know what comes next and what I need to do? Any tips? Is there anything you can do to either eliminate or reduce student loans? Some of mine were private some were federal. A lot of them were used for living expenses while I was in school. Any help would be GREATLY appreciated. Thanks!

  • #2
    I should probably also mention the loan amount totals close to 50K. 30K is private. 20K is federal. I have no job. I'm married, but I was the only one that filed and the loans are in my name. I'm in GA. I still have a home that there is no equity in and my husband and i both have vehicles that still have loans on them that we kept. Only one is in my name. They will probably be paid off in about 2 years. Other than that, I have no assets. All savings and accounts are in my husbands name.


    • #3
      What you seem to be looking for is a way to eliminate your student loan obligation based on your income and assets. Such a mechanism does not exist. The only way to eliminate this debt, other than to pay it off or settle for a lesser amount, is to be successful in your adversary proceeding. I do not have any experience with these and so I would be of no help on this issue. Perhaps some other members of the community can tell you more about what to expect during an AP.


      • #4
        You need to read the bankruptcy rules of procedure, particularly Section VII

        If you really need to ask what is next, you are already way in over your head as you haven't done ANY homework.

        I can only cross my fingers that the judge is lenient on you and won't sanction you or make you pay the otherside's attorney's fees for filing a frivolous (or ill prepared) adversary proceeding).

        Basically, the next step is for you to schedule a Pre-Trial Conference, hold the pretrial conference, then draft a scheduling order. But let's get even more basic, did you "serve" the opposing side with the Adversary Proceeding.

        The scheduling order will layout when discovery is due (documents, witness list, objections to evidence etc) and a trial date. When the trial date comes, you will present your evidence. Yes, this process culminates in a trial where you need to prove that paying these student loans constitutes a hardship, and whatever that hardship is, it is likely to continue. Also, you must have tried other avenues to resolve your student loans before filing the AP.

        Best of luck.


        • #5

          It sounds like we are not even at a Hearing stage. I have to wonder if OP has requested the issuance of a Summons. If so, OP still needs to properly serve it along with the Complaint and then wait for the filing of an Answer.

          OP, what, if anything, have you done since you filed the initial Complaint?



          • #6
            Wow, I think I am WAY in over my head. I did serve the opposing side (the judge had the clerk's office help me - he is a very kind and helpful judge). Now I guess I would need to schedule a pre-trial conference like you said. Let me ask you this, can I try to talk to the other attorneys about working out a new payment plan or reducing the balance before scheduling? I am so clueless about what the best thing to do is. I have two kids under 2 so I don't have a lot of free time to do the necessary research this is going to involve. I can't afford an attorney so it sounds like I should withdraw or whatever you can do to stop this proceeding. I think I'm going to call the opposing lawyers today. Is that a horrible idea? Thank you so much for your help. I'm obviously out of my element.


            • #7

              Please forgive my ignorance - am I the OP??? I filed the AP and Keybank & NelNet did file a response. Now the clerks office says I'm supposed to do something, but they can't say what. I'm assuming from HHM's post I need to schedule a conference. I have to tell you though - I am clearly ill equipped for what I'm trying to do. I will get slaughtered going before a room full of attorneys. I had a rough year, but I'm not disabled and it doesn't sound like I have much of a chance. My only argument is that I'm unemployed and can't find a job where I would make enough to cover the cost of 2 kids in daycare. I filed without my husband because he still has a job. I had some serious complications when I had my 2nd child and had a lot of med bills and some cc debt that after the baby came just became too much. We rented out our house because the mortgage was killing us and we couldn't sell it and all 4 of us are living in my parents 3 bedroom house until we can find an affordable place to live... It's been tough, but I don't know if I have any chance at all. I have no idea what I'm doing and the last thing I want is to get in trouble for filing this.... I'm very scared.


              • #8
                Yes, you are OP (original poster). Since an Answer was filed you need to contact the Judge's Clerk. In my district (not Georgia) the Court sets a Status Conference. Maybe in yours you have to request a hearing date from the Clerk.

                Another thing you can do to become familiar with the process is to search PACER for adversary proceedings with NelNet or Key Bank. You can do this by logging onto PACER, going to "Query", entering the creditor's name where it says "Last/Business Name", hitting "Run Query" and then going through the entries that show the creditor as "pty" NOT "cr". This may cost you a few bucks (it's free if you go to the Court to do this), but you can look at other student loan case and see how they proceeded through the process.

                Do not dismiss your Complaint. You got this far. You have nothing to lose.

                If the process follows a normal path the next thing you should get from the creditor's attorney is a bunch of Interrogatories and Requests for Production of Documents. Most of these cases settle based upon the information the debtor supplies in response to the lender's discovery requests. You will be asked about your financial condition. You will be asked to produce tax returns, bank statements, evidence of your monthly expenses like food, utilities, car payments etc. Produce everything you can. You are trying to persuade the creditor to "go away" without a fight or put you on some payment plan you can handle. Further, if the lender does not go away or settle you are trying to create a record that shows payment of the loans will be a hardship. The more info you can supply showing this the better off you will be.

                Best of luck.



                • #9

                  Really and truly, thank you from the bottom of my heart. I am so scared doing this. I've never been involved in something like this and I'm thinking I'm going to do something wrong and get hauled off. I will call the court today to set a hearing. In the meantime, I haven't been making my loan payments - basically because I don't have any money... Do I continue doing this or do I need to try to set up payments?

                  Thank you again so much.


                  • #10
                    Originally posted by gendova2000 View Post
                    In the meantime, I haven't been making my loan payments - basically because I don't have any money... Do I continue doing this or do I need to try to set up payments?
                    I would wait. Remember, you are trying to show you can't afford ANY payment. If the case proceeds as they do in my district you will be contacted by the attorney for the creditor. In the meantime, do the research I have suggested so you feel more comfortable with the proceedings.



                    • #11

                      I called the clerk's office this morning. I said I needed to schedule the pre-trial conference. The clerk said they could not say if that was what I needed to do. I said I do need to do that, can I schedule it? They said they couldn't tell me one way or another... Is there a form I need to fill out? I will do the research you suggested tonight once kids are sleeping and see what I can find.


                      • #12
                        Originally posted by gendova2000 View Post
                        I called the clerk's office this morning. I said I needed to schedule the pre-trial conference. The clerk said they could not say if that was what I needed to do. I said I do need to do that, can I schedule it? They said they couldn't tell me one way or another... Is there a form I need to fill out? I will do the research you suggested tonight once kids are sleeping and see what I can find.
                        You have to get a hearing date. Look on the bk court's web site. See if there is a drop down menu for "judge's procedures" (we have this in my district). If there is there should be instructions from your judge as to how to obtain a hearing. Also, the web site may have a "self help" center for pro se filers. Lastly, if you are talking to the clerk's office you may not talking to the correct person. You may need to speak to the Judge's docketing clerk or courtroom deputy. The problem is that I do not know the procedures in Georgia. Procedures vary from district to district.



                        • #13
                          Hi Des,

                          I found the paperwork on filing for a pre-trial conference and planned on going Monday. Today I got a notice in the mail that I have a trial scheduled for March 24 and the defendants were summoned there too. It says that I have to submit evidence 10 days before the trial. I haven't done anything else besides serve the papers so I'm surprised I got a trial date. Is this normal? I did talk to the attorney for NelNet at one point and she said she was going to send me discovery paperwork, but I never got anything. What do I need to bring when I go to court? Also, I just found out I'm going to have to have another surgery (the first one I had was what tipped the scales for me in my decision to file). I have a 5k deductible so I'm putting it off as long as possible because I have NO money. Is that the kind of information I need to bring to trial?


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