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  1. #1
    Join Date
    Oct 2005
    Location
    Florida
    Posts
    2

    Default Bankruptcy and adversarial proceedings

    I filed chap 13 bankruptcy which was converted to a 7 this spring when I took my house out of the proceedings. It was discharged 9/15/2005 middle district of florida. My problem is with my student loans. I had definite career plans when i was attending school which would have provided for repayment. Unfortunately I became my father's caregiver and for three years was dependent upon his income. With his death I had to file for personal bankruptcy. The student loans were stayed while in 13 and 7 but now are required to be paid. I am now 59 years old and suffer from multiple health problems which definitely affect my earning ability. I know about the Brunner test for hardship and went to my attorney who didn't but said for 2,000 he would look into it. Obviously I am on my own. Where can I find an example of an adversary proceeding to file and, can I still file it (the attorney said so but for obviousl reasons I am insecure with his opinion)?

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

    Default Trying to avoid student loans

    I doubt anybody here is going to second-guess a lawyer who is familiar with your case, and has already determined that you can petition for relief. If your lawyer is wrong, the worst that could happen is that your claim is denied. If your lawyer is right and you follow somebody else's suggestion to the contrary, you obviously won't get relief.

    You can ask at the court to see if you can get a copy of the documents from another file where a petition was filed to discharge student loans.

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