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Odds of winning an Adversary Proceeding?

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    #16
    Originally posted by ValleYum View Post
    Super interesting 9th District AP here:

    The plaintiffs won! May not be germane to your AP attempt but it may give you some inspiration.
    Wow. I'm actually surprised that they did win on that one. I read a couple similiar cases on the other side of the country and the debtor lost after the bank's attorney suggested they sell their car, home, etc... practically everything but their child. LOL

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      #17
      oh!! the other option you have is to leave the country for 10 years....or move to canada and file there and list the loans there..
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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        #18
        Unfortunately, the ten-year rule only applies if you have been making payments on original agreement or partial payments on income-contingency for ten years. In addition, the loans cannot be in a default status. The entire "no more student loan debt after 10 years" idea appears to be just a political crock-of-shit.

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          #19
          Originally posted by treehugger1 View Post
          Unfortunately, the ten-year rule only applies if you have been making payments on original agreement or partial payments on income-contingency for ten years. In addition, the loans cannot be in a default status. The entire "no more student loan debt after 10 years" idea appears to be just a political crock-of-shit.
          treehugger...i'm so disappointed to hear that. i thought the 10 year rule even applied to the irs???

          so ok here's the student loan status....a poor kid goes to school...takes out 150k to get a degree, goes out into the world, can't find a job to even pay for an apt, food, or clothes, but must begin and are expected to start paying back their student loans within 6 months of graduation.

          now, since this poor kid can't pay, they attempt their first deferrment....and then the second and then the third. and now we are up toward owing what...????you think now it's upward of $180k and rising with that interest building up?

          and one wonders why so many are taking Prozac??
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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            #20
            to flickflock: good luck on your future adversary proceeding!

            I have several Parent Plus loans, and have run out of unemployment deferments

            I guess I'll find out soon how they go about collecting on their debts when a debtor can't find a job!

            btw this site is a great resource! a really giving community!
            Filed/discharged/closed Chapter 7 in 2010!

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