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Question

My BK was discharged 2 yrs ago my Attorney told me at the time that student loans could not be discharged. I have done some research and find that they can sometimes be discharged due to undue hardship (info found on www.studentloanborrowassistance.org/bankruptcy) after reading the information I do qualify for the undue hardship. I have sent this information to the Attorney that handled my BK and he said he does not want to handle it. The loan is a parent plus loan not a private, it was at 64,000 a yr ago and now 74,000. My husband and I are General Contractors & Land Developers, we lost our personal home to foreclosure and our investment properties also, we are now living with our 24 yr old daughter who has been paying our bills for the past 14 mos, and our situation isn't getting much better, especially with this loan accruing 10,000 a yr in interest. What can I do?

Submitted: 32 days and 2 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Posted by DCrane 32 days and 2 hours ago.

Answer

you can file a petition to reopen the bankruptcy to include the student loan debt or hihre an atty to do so for you.

32 days and 2 hours ago.

Reply

how would i go about filing a petition myelf? and about hiring an attorney how do i find one i have been trying to find one to hire but no results

Posted by DCrane 32 days and 2 hours ago.

Info Request

what chapter bankruptcy did you file?

32 days and 2 hours ago.

Reply

chapter 7

Posted by DCrane 32 days and 1 hours ago.

Answer

To file the petition yourself you would contact the bankruptcy court clerk and request the form. I attempted to find it online but could not locate one. In order to advise of counsel I would need to know where in CA you are located.

 

Be advised that if you have no assets, the judge may be relucant to grant the petition because with or without the discharge the debt cannot be collected.

32 days and 1 hours ago.

Reply

the bk was in santa barbara county I now live in napa ca

Accepted Answer

Consider contacting Michael Raichelson: http://www.cabkattorney.com/Los-Angeles-Bankruptcy/los-angeles-chapter-7-bankruptcy/

 

 

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 10/21/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

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