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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed a chapter 7 in 2010 but the lawyers didnt include my

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I filed a chapter 7 in 2010 but the lawyers didnt include my student loans said it would cost me another 5000. to file for that. I am being sued now and what can I do now?
I am unable to pay for them and have lost everything as it is and living back with my father.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

It sounds like they would be charging you to file an adversary objection to determine if the student loan would be dischargeable.

Terry L. :

The starting point is that they are not, absent exigent circumstances.

Terry L. :

To discharge educational debt, you have to prove that repayment is an UNDUE hardship.

Terry L. :

to win, you would need to show, you made a good faith effort to pay them in the past.

Terry L. :

Also, that you have no present ability to pay them

Terry L. :

Finally, that you have no future likelihood to pay.

Terry L. :

The last point is the hardest.

Terry L. :

Since you did chapter 7 before, you are not eligible to file again until 8 years from that date of filing that case.

Terry L. :

Even if the loan was 'included' - to discharge them in the last case would require a trial to prove the above 'undue hardship' test.

Terry L. :

Your options now are to work out a repayment agreement, discuss with them your current hardships, and you can also do chapter 13, which is a debt repayment plan.

Terry L. :

Let me know what questions you have.

Terry L. and other Bankruptcy Law Specialists are ready to help you