How to file an adversary proceeding to discharge student loans in a bankruptcy?

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How to file an adversary proceeding to discharge student loans in a bankruptcy?

I was told by the clerk of the court that what I initially filed was incorrect. Is there a tutorial of sort on how to properly file an adversary proceeding? I have 4 different student loan companies that I cannot afford to pay (I also am on public assistance).

Asked on September 7, 2012 under Bankruptcy Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First under federal bankruptcy laws a debtor is precluded from discharing his or her student loans in a bankruptcy filing. Second, an adversary complaint is a legal proceeding filed by a creditor against a debtor who has filed for bankruptcy protection to preclude the discharge of the claimed debt on specific grounds, most likely fraud.

From the way your question is worded, I suggest that you consult with a bankruptcy attorney to give you some guidance in your matter.


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