Hi Everyone,
A bit of background: I filed for chapter 7 bankruptcy (pro se) in Washington State, USA with the understanding that it was not possible to discharge student loans during bankruptcy. After my 341 meeting I learned that it may be possible to discharge student loans if you can prove undue hardship. I filed an adversary complaint (pro se) and started the process. I have a trial date (I have a few months) and the involved parties are going through the discovery. I'm educating myself about the legal system as quickly as possible, but I always feel like I'm a step behind. In my research I've read about 11 U.S.C.A. 523(a)(8) and how undue hardship is determined. It seems like the capricious way it is applied by federal courts violates equal protection and the "fresh start" concept of bankruptcy (as well as other issues). I would like to amend my adversary complaint to introduce a challenge to 11 U.S.C.A. 523(a)(8), but I am not sure how to word my challenge in the complaint. Any lawyers or law students out there willing to help or advise?
Thanks
A bit of background: I filed for chapter 7 bankruptcy (pro se) in Washington State, USA with the understanding that it was not possible to discharge student loans during bankruptcy. After my 341 meeting I learned that it may be possible to discharge student loans if you can prove undue hardship. I filed an adversary complaint (pro se) and started the process. I have a trial date (I have a few months) and the involved parties are going through the discovery. I'm educating myself about the legal system as quickly as possible, but I always feel like I'm a step behind. In my research I've read about 11 U.S.C.A. 523(a)(8) and how undue hardship is determined. It seems like the capricious way it is applied by federal courts violates equal protection and the "fresh start" concept of bankruptcy (as well as other issues). I would like to amend my adversary complaint to introduce a challenge to 11 U.S.C.A. 523(a)(8), but I am not sure how to word my challenge in the complaint. Any lawyers or law students out there willing to help or advise?
Thanks