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Discharge of student loans
There's a short article about this in one of the past newsletters.
>
> I have a PC on SSI. He applied for student loans for his special needs daughter and is now unable to pay them. I understand that I can file motion to discharge based on hardship. I have never done this and am asking for your assistance and guidance on the process. If any of you would be willing to share a sample motion, it would be greatly appreciated.
>
> Thanks in advance for your input
>
The post was migrated from Yahoo.
It is an adversary proceeding not a motion. Read up on the standards for
dischargeability of student loans - In re Brunner as well as the newer
cases. It is a complicated process which may require a trial, expert
testimony and just because the Debtor is now on SSI does not mean it is a
winner. It requires that the Debtor be unable to meet a minimum standard of
living, has attempted to pay the debt for a period of time, has attempted to
find employment etc. There are other courts that look at the totality of
circumstances.
The post was migrated from Yahoo.
I have a PC on SSI. He applied for student loans for his special needs daughter and is now unable to pay them. I understand that I can file motion to discharge based on hardship. I have never done this and am asking for your assistance and guidance on the process. If any of you would be willing to share a sample motion, it would be greatly appreciated.
Thanks in advance for your input
The post was migrated from Yahoo.
There is no way that any language in the plan itself is going to do
it. Particularly if you file the case in the Northern Div. before
LR. I would file an adversary complaint seeking under 523(a)(8). I
would wait until near the end of the plan term to file it.
>
>
> I have a client who seems like a good candidate to discharge his
> student loans through a chapter 13. What language do you suggest I
> use in the Misc. section of the plan (Central District, CA) to give
as
> much notice as possible of intention to discharge student loans?
>
> Thanks,
>
> Vernon L. Ellicott, Esq.
> Certified Family Law Specialist
> California State Bar Board of Legal Specialization
> Law Offices of Vernon L. Ellicott
> 920 Hampshire Road, Suite 25
> Westlake Village, CA 91361
> (805) 446-6262 phone
> (805) 446-6264 fax
The post was migrated from Yahoo.
file the 523(a)(8) adv. proceeding.
________________________________________________
Janis G. Abrams
Of Counsel
SulmeyerKupetz
A Professional Corporation
R333 South Hope Street, Thirty-Fifth Floor, Los Angeles, California 90071 Voice: 213.626.2311 Fax: 213.629.4520
Northern California Office:
*1080 Marsh Road, Suite 110, Menlo Park, CA 94025
Voice: 650.326.2245 Fax: 650.326.5134
E-Mail: jabrams@sulmeyerlaw.com
URL: www.sulmeyerlaw.com
Sent: Thursday, April 07, 2005 12:05 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Discharge of Student Loans
I have a client who seems like a good candidate to discharge his
student loans through a chapter 13. What language do you suggest I
use in the Misc. section of the plan (Central District, CA) to give as
much notice as possible of intention to discharge student loans?
Thanks,
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
Law Offices of Vernon L. Ellicott
920 Hampshire Road, Suite 25
Westlake Village, CA 91361
(805) 446-6262 phone
(805) 446-6264 fax
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file
the 523(a)(8) adv. proceeding.
________________________________________________ Janis G. Abrams Of Counsel
SulmeyerKupetz A Professional Corporation R333 South Hope Street, Thirty-Fifth Floor, Los Angeles, California 90071 Voice: 213.626.2311 Fax:
213.629.4520
Northern California Office: 1080 Marsh Road, Suite
110, Menlo Park, CA 94025 Voice:
650.326.2245 Fax: 650.326.5134
E-Mail: jabrams@sulmeyerlaw.com URL: www.sulmeyerlaw.com
-----Original Message-----From: Vern
[mailto:vle.law@verizon.net]Sent: Thursday, April 07, 2005 12:05
PMTo: cdcbaa@yahoogroups.comSubject: [cdcbaa] Discharge
of Student LoansI have a client who seems
like a good candidate to discharge his student loans through a chapter
13. What language do you suggest I use in the Misc. section of the
plan (Central District, CA) to give as much notice as possible of
intention to discharge student loans?Thanks,Vernon L.
Ellicott, Esq.Certified Family Law SpecialistCalifornia State Bar Board of Legal SpecializationLaw Offices of Vernon L. Ellicott 920
Hampshire Road, Suite 25 Westlake Village, CA 91361 (805) 446-6262
phone (805) 446-6264 fax
This e-mail message is for the sole use of the intended recipient(s) and may
contain confidential or legally privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply e-mail, delete this
message from your computer and destroy all copies of the original message.
The post was migrated from Yahoo.
I have a client who seems like a good candidate to discharge his
student loans through a chapter 13. What language do you suggest I
use in the Misc. section of the plan (Central District, CA) to give as
much notice as possible of intention to discharge student loans?
Thanks,
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
Law Offices of Vernon L. Ellicott
920 Hampshire Road, Suite 25
Westlake Village, CA 91361
(805) 446-6262 phone
(805) 446-6264 fax
The post was migrated from Yahoo.