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Deadline to File AP for Student Loan Dischargeability
Thanks, Nick!
>
> Dear Christian,
>
> You may find it useful to reread 523(c). When you do, you will notice that the focus of a determination of nondischargeability under that subsection is on debts that are alleged to fall within the ambit of 523(a)(2), (4), and (6). Section 523(c) contains no mention of 523(a)(8), which is the subsection dealing with the dischargeability of student loans.
>
> Therefore, FRBP 4007(b), Time for Commencing Proceeding Other Than Under >
> A complaint other than under 523(c) may be filed at any time. A case may be reopened without payment of an additional filing fee for the purpose of filing a complaint to obtain a determination under this rule.
>
> And, of course, FRBP 4007(a) provides that the "debtor . . . may file a complaint to obtain a determination of the dischargeability of any debt."
>
> I hope this helps.
>
> Nick
>
> Nicholas Gebelt, Ph.D., J.D.
> Certified Bankruptcy Specialist
>
> [cid:image001.jpg@...]
>
> Law Offices of Nicholas Gebelt
> 15150 Hornell Street
> Whittier, CA 90604
> Phone: 562.777.9159
> FAX: 562.946.1365
> Email: ngebelt@...; ngebelt@...
> Web: www.goodbye2debt.com
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
> We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
> Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@... and destroy the original message and all copies.
>
> Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
>
> IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
>
christian@...
> Sent: Thursday, November 03, 2011 5:12 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Deadline to File AP for Student Loan Dischargeability
>
>
>
> At Public Counsel, we have a potential client who is seeking to discharge his student loans. He may have a valid hardship under 11 USC 523(a)(8). However, there is a threshold issue: The 60 days to object to dischargeability have already passed. In fact, his Chapter 7 case is already discharged and closed.
>
> Even though the 60 days has passed, is there any way to reopen the case to file an AP on the student loan dischargeability?
>
> FRPB 4007(c) seems to clearly states that "a complaint to determine the dischargeability of a debt under 523(c) shall be filed no later than 60 days after the first date set for the meeting of creditors under 341(a)."
>
> Would that also apply to a debtors seeking to file an AP under 11 U.S.C. 523(a)(8)? I'm assuming so, but if anyone has any opinions to the contrary, I'd like to hear them.
>
> Thanks,
> Christian
>
The post was migrated from Yahoo.
Dear Christian,
You may find it useful to reread 523(c). When you do, you will notice that the focus of a determination of nondischargeability under that subsection is on debts that are alleged to fall within the ambit of 523(a)(2), (4), and (6). Section 523(c) contains no mention of 523(a)(8), which is the subsection dealing with the dischargeability of student loans.
Therefore, FRBP 4007(b), Time for Commencing Proceeding Other Than Under
A complaint other than under 523(c) may be filed at any time. A case may be reopened without payment of an additional filing fee for the purpose of filing a complaint to obtain a determination under this rule.
And, of course, FRBP 4007(a) provides that the "debtor . . . may file a complaint to obtain a determination of the dischargeability of any debt."
I hope this helps.
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
[cid:image001.jpg@01CC9A76.A0BF1EC0]
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
At Public Counsel, we have a potential client who is seeking to discharge his student loans. He may have a valid hardship under 11 USC 523(a)(8). However, there is a threshold issue: The 60 days to object to dischargeability have already passed. In fact, his Chapter 7 case is already discharged and closed.
Even though the 60 days has passed, is there any way to reopen the case to file an AP on the student loan dischargeability?
FRPB 4007(c) seems to clearly states that "a complaint to determine the dischargeability of a debt under 523(c) shall be filed no later than 60 days after the first date set for the meeting of creditors under 341(a)."
Would that also apply to a debtors seeking to file an AP under 11 U.S.C. 523(a)(8)? I'm assuming so, but if anyone has any opinions to the contrary, I'd like to hear them.
Thanks,
Christian
The post was migrated from Yahoo.