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Student Loans (Yes, that same dead horse)

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    Student Loans (Yes, that same dead horse)

    This could be in the pro se/pro per category. I am considering filing a "Complaint to Determine Dischargeability" for my wife's student loans. The NOLO book says that the 9th circuit is more likely to consider it than others. She was not able to complete her education. Presently, she is a homemaker with no college degree with three children. She cannot work because the cost of childcare exceeds her earning potential. My income is ok but I have adhd and the propensity to lose jobs...but I intend to repay mine in full since I have a degree and use it to earn money. Has anyone successfully defended a position similar to this? I am thinking I may have to retain an attorney to even have a shot at this one.

    #2
    From everything I have read on discharging student loans, I doubt that even hiring an attorney will give you a shot. Discharges of student loans are rare and usually allowed because the debtor is permanently disabled and will never be able to earn a sufficient income to pay off the loan. The need for childcare is temporary. Your wife will be able to work some day.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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