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Question

I am pro se plaintiff in adversary proceeding to have student loan discharge. Defendant has filed their answer to my complaint. The court has now sent a notice of schedule conference to both parties. We have been ordered to meet pursuant to Rule 26f no later than 14 prior to hearing. Q Do I make the first move and contact defendant's attorney? Do I make an offer of settlement or just give them my list of items that fall under the rule of discovery?

Submitted: 27 days and 4 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

State/Country relating to Question: Arizona

Already Tried:
trustee has completed their administration of my Chap 7 and has declared their is no assets in my estate I filed adversary proceeding to ask the court to determine dischargeability of my $82 student loan My undue hardship is I am unemployed and have discredit myself with former employers as I have attempted to get rehired. I also have marked decrease in my vision. I cannot afford the $600 monthly loan payment. Interest accured eats up the payment

Posted by Andrea 27 days and 2 hours ago.

Answer

Good Evening,

 

Thank you for your question and for choosing JustAnswer.

 

Please keep in mind that the Expert Attorneys at JustAnswer are here to help you, they do not write the laws; so, if the law does not provide the answer you were hoping for, please be courteous to the Expert Attorney helping you.

___________________________________________________________________________________

 

You must give them what they requested through formal discovery, otherwise you will be penalized by te Bankruptcy Court.

 

You should also know that if you filed a Petition in Bankruptcy, you must show that you are almot totally disabled in order to discharge student loans. Or you can show hardship, but it must be absolutely, extreme and severe hardship; Not being employed is just not enough for the Bankruptcy Judge to accept.

 

I realize this is not the answer you were hopng for, but I hae an obliation to give you correct and accurate answers.

 

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Thank you and Good Luck!

 

ANDREA, JD, LL.M.

Member, NY & PA Bar

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

27 days and 2 hours ago.

Reply

thank you I understand the difficulty in discharging this I am open to mediation. The judge has order both parties to a meeting prior to court conference. It was stipulated that we can do this telephonically. Do I need to initiate the call? other than give them a list of what I plan to submit as evidence can I approach the subject of mediating a settlement

Accepted Answer

Yes, since the Judge ordered this, by all means, try it; if it resolves the situation, theJudge will appreciate thatfact and can remove it from his calendar as one moe case that has settled.

 

 

 

_______________________________________________________________________________

 

Please press the GREEN "ACCEPT" button for each Answer

This is necessary so that I receive credit for my time and effort in assisting you. .

 

Making a deposit does not constitute an acceptance of my answer; unless you press the ACCEPT button.

 

 

Leaving positive Feedback, Bonus, etc., are always appreciated.

 

______________________________________________________________________________

 

Thank you and Good Luck!

 

ANDREA, JD, LL.M.

Member, NY & PA Bar

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

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Expert: Andrea
Pos. Feedback: 98.9 %
Accepts: 
Answered: 10/27/2009

Attorney

25 yrs exp successfully representing clients in my real estate, family law and criminal defense

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