How to file an adversary proceeding to discharge student loans in a bankruptcy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.