Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default Filing an Adversary Proceeding Over Student Loans

    My wife and I have filed a joint bankruptcy. I filed to have my student loans discharged, but she did not. Can her loans be considered for discharge based upon what I filed, or does she have to file something herself?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Filing an Adversary Proceeding Over Student Loans

    If we're talking about guaranteed student loans, it's difficult to discharge the loans -- and I assume that's the case, or they would be included in your bankruptcy as ordinary debt. If you don't have a bankruptcy lawyer, you should really team up with one and have your lawyer evaluate your situation under the Brunner test:

    1. Based on current income and expenses, you cannot maintain a minimal standard of living for yourself and dependents if forced to pay off student loans;

    2. Additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and

    3. You have made good faith efforts to repay the loans.

    Very few people can meet those requirements.

    And yes, if your spouse wants her student loans fully or partially discharged, she must petition for that to happen.

    1. Sponsored Links
       

Similar Threads

  1. Adversary Proceedings: Reporting Bankruptcy Fraud, Filing Adversary Complaint, and Seeking Relief from Stay
    By ibbetty in forum Bankruptcy Law
    Replies: 6
    Last Post: 07-19-2011, 09:24 AM
  2. Chapter 13: Obtaining Debtor's Compliance After an Adversary Proceeding
    By AMess in forum Bankruptcy Law
    Replies: 3
    Last Post: 01-06-2010, 02:23 PM
  3. Student Loans: Student Loans, Private Loans, Chapter 7, Post Nuptials
    By jedward in forum Debts and Collections
    Replies: 1
    Last Post: 05-01-2009, 06:30 AM
  4. Chapter 7: Adversary Proceeding in Chapter 7
    By BillBax in forum Bankruptcy Law
    Replies: 1
    Last Post: 03-12-2009, 07:24 PM
  5. Student Loans: Student Loans Taken Out In Student's Name By A Parent
    By kvierling in forum Debts and Collections
    Replies: 6
    Last Post: 09-29-2007, 09:32 AM
 
 
Sponsored Links

Legal Help, Information and Resources