Undue Hardship

[justbroke]

If it's the 9th, then a change of venue is necessary since the old case must be re-opened and "moved" to a new District. There may be forms for that already. Also, I didn't read in the 9th circuit case where this was a pro se debtor. While the District may be more pro-discharge of student debt, you still need to be able to prove it, enter evidence, and rebut any evidence proffered by the defendant (student loan lender).

The key, regardless, is providing admitted evidence which suggests that you'd never be able to repay the loan(s).

[ValleYum]

I was merely showing her some cases - one from HHM and one I had found locally. NOT giving legal advice nor opinions.

[justbroke]

ValleYum, no worries at all (and that's why I didn't "quote" your post). I liked the references. In the end, it's all about the evidence.

[ttg1]

ttg1- Is the book you mention the Nolo How to file for Chapter 7 Bankruptcy or The New Bankruptcy, will it work for you?

Would it be worth it to buy the book?

It's the Chapter 7 BK book. I wouldn't buy the book; go to the library and copy it. It's just about 1/2 a page entitled "The rules are different out west." The reason I know this is because I actually gave some thought, briefly, to moving to another state to file my BK and then do a SL AP. But at the end of the day my SL balance was small enough that it would have cost me more to move than to pay it off. OTOH, if I had 100K in SL I would move in a heartbeat, live out of my car for six months if I had too. If you are going to take a shot at getting your SL discharged, it's just smart to go where you have the best chance.

justbroke
In the end, it's all about the evidence.

While evidence is certainly important the standard of evidence is important too. Some judges are more lenient than others as to whether or not you have met your burden of proof. Some circuits are the same way. Obviously, the stronger the case the better but there is no doubt that some venues are more "friendly" than others.

[justbroke]

While evidence is certainly important the standard of evidence is important too. Some judges are more lenient than others as to whether or not you have met your burden of proof. Some circuits are the same way. Obviously, the stronger the case the better but there is no doubt that some venues are more "friendly" than others.

Exactly why I previously wrote in this thread, that admitted evidence is the key. You could even have different opinions, based on the evidence presented, by different judges in the same District. So, it's even that some judges are more friendly than others and because intra-district opinions have no bearing on individual Judges, it's always fun to see how one rules differently given the same facts.