How long do I have to file complaint to discharge loans?

[fkinteh]

After completing all of my Ch. 7 paperwork and drafting complaints against AES and Access Group to discharge my student loans, I realized it was going to cost $500 additional in fees to file the complaints. I can't afford that right now and was wondering how long I have to file them? Before the 341? Before discharge? Anytime? Thanks to anyone who can help!

[Exployer1234]

Are you trying to discharge a private student loan or a government student loan?

If your student loans are government backed student loans then you will have to prove hardship and your inability to pay. The hardships normally include that you are not able to work due to a disability or something along those lines. Most student loans now days are government backed.

[fkinteh]

I appreciate that, but my question was about timing. I understand the test I have to meet. I'm just wondering if there is some sort of deadline by which these complaints need to be filed. For people who have filed adversarial proceedings, when did you file your complaint?

[Exployer1234]

I understand your question, but the reason why I ask is it does make a difference. The reason being if you go ahead and try to fight it and pay the 500 dollars you may not have them discharged through the adversary proceedings. In tern you would be spinning your wheel that is why I have asked whether it is a government loan or a private lender. Government loans can cost more than 500 dollars to fight. As for the time frame in which you have to file I believe you can file the papers after you are discharged from BK, but like I said depending on whether it is government or private will make a difference in how much you have to spend in legal fees.

[Exployer1234]

Additional information can be found on cases that have been tried. Additional information is looked at by the judge on the time frame in which your BK is discharged and the amount of time you took to file the adversary proceeding.

http://law.justia.com/cases/federal/...31/395/398433/

[fkinteh]

I see. One is a private loan through Access Group. The other is federally backed through AES. The arguments are definitely better against AG and I considered just filing against them. Thanks.