Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Generally student loans and educational debts are not dischargeable in bankruptcy
There is a loophole, but it's very small
You need to file an adversary inside of your bankruptcy to determine if they will be discharged.
to do so, you have to prove that you paid them in the past.
You have no present ability to pay them anything
You have no future ability to pay them anything
You must meet all 3 prongs
The 3rd is the hardest
If you are working, and can afford to pay them, say $20mo then you won't succeed.
I have not made any payments. I am in default on some of them attempting a consolidation. The others I am in a period of forbearance.
I've seen a few cases, and they all have debtors who are real ly broke. Usually permanent disability preventing them from working again.
I have no ability to pay them and don't see any future ability to pay them
Are you employable?
Repayment would cause an "undue hardship"
that's not the test though
are you employable?
lack of a job is different than unemployable.
I have a medically fragile child who requires round the clock care. I had to quit my job because I exhausted all my FMLA time caring for him
That would help support the case.
To meet prong 1, you should pay them something for a while
Even if just a little bit
The test is called In Re Brunner.
If I pay on them, then I can't pay my necessities such as housing, utilities, and phone
You can google it and your state to see what the judges have saiid in your district
I tried and I found nothing
If you don't pay, you won't satify the first prong
Did you google 'in RE Brunner" student Loans bankruptcy and the name of your state?
that will get you the right cases
You should also use an attorney in AZ to assist you,snnce the burden of proof is so high
Any other questions?
looks like they are being discharged in most cases
I need to know what forms to file
keep in mind 99% of the student loans are not dischargable, since debtors don't bring the adversaries since the burden is so
Your attorney can assist you with what forms are needed
You can also get the forms from your bankruptcy court website
They have links to the required forms
I don't understand why you rated bad service.
What other questions do you have?
Because if I had an attorney or could afford one, I wouldn't be on here
I understand, I just recommend one.
The US Dept of Ed. will come at you hard to fight the dischargeablitlty, they do on every adversary
Please reconsider your rating. This site does not provide free legal advice, but is for informational purposes only. I can answer any other questions you have.
I have provided you the case law to review to prepare a case, I have given you the standard test the judge uses to review these matters and what you have to prove.
I have told you where to get the court forms to file your case.
It seems you have stepped out. Please respond with any further questions you have about the process and I'll get you an answer. Otherwise, please click accept to close out the question. Thanks
Good luck to you , you might have a shot
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