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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5155
Experience:  37 plus years of experience specializing in bankruptcy law
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What is procedure 2 reopen discharged Ch 7 (2011) to file 4 adversary

Customer Question

What is procedure 2 reopen discharged Ch 7 (2011) to file 4 adversary proceeding 2 get stud loans discharged for hardship (I should qualify under Brunner & Total circum. tests)? Thank you
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 2 years ago.
Over 37 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.
Fortunately, Georgia is one of the states where the judges are more willing to accept a hardship claim than other states. So that is in your favor. AS for procedure, you must file a motion to re open where you send notice to the chapter 7 trustee as well as the US Trustee. Likewise, there is a hearing. Unfortunately, there is no specific form like a check off the boxes. And though you may find something on line, if it does not comply with local rules, it could get rejected by the court. Accordingly, I do recommend that you find an attorney to only to the paperwork and you represent yourself at the hearing. that way you only pay for his time to prepare. A good source is findlaw.com.
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Customer: replied 2 years ago.
I appreciate your response and well wishes. My rating is b/c this answer doesn't tell me anything I don't already know. I 'm aware that I have to file to reopen the case. I was looking for specific forms/steps to take WITHOUT having to go to an attorney.
Expert:  dylatess replied 2 years ago.
I assure you that you cannot do this on your own. Likewise, I have been in court dozens of time seeing persons, in pro per, trying to go this on their own and the court kicks out the motion. One time, even worse, I saw a judge order the debtor to pay a fine (sanctions) for wasting the court's time by filing a pleading that did not comply to court rules. So if you are trying to save money, I understand. But if you want it done right, it is going to cost you to save money in the long run by getting out of debt which I am sure is a lot more than what they attorney will charge you.
I WISH YOU WELL. FOR CUSTOMER QUALITY CONTROL, PLEASE BE SO KIND AS TO RATE MY ANSWER BY CLICKING THREE OR MORE STARS OR SMILES. ANSWERS ARE FOR INFORMATION ONLY AND NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED OR IMPLIED.