If my girlfriend is in the middle of an advesary proceeding to get her private student loan debt discharged, does she need an attorney?

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If my girlfriend is in the middle of an advesary proceeding to get her private student loan debt discharged, does she need an attorney?

They sent her a final offer today 40% of $120,000 which she countered on 20%. They keep strongly suggesting she consult a lawyer before this goes to trial. She obviously cannot afford an attorney or she’d already have one. Is she in too deep? Is this a common tactic to scare a debtor into taking their offer? The offers are still too high. She is working 2 jobs as a server to make ends meet

Asked on November 28, 2012 under Bankruptcy Law, Missouri

Answers:

eric redman / Redman Ludwig, P.C.

Answered 8 years ago | Contributor

if she goes to trial she wil have to know and obey the trial rules of court and put in proper evidence that proves her hardship.  if she does not meet certain legal requirements, then the judge cannot give her the relief she wants.  so a lawyer would be very helpful if she really wants to try to get rid of more student loan debt.


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