I am currently in Chapter 7 BK and pro se. I have a Trust Fund Tax debt with the State, which has accrued penalties around $10k. I have student loans which are in default, and have been assessed a collection fee of nearly $10k. I wish to bring the matter before the court to determine the dischargeablity of the penalty portion of the tax debt and the collection fee related to the student loan. I am confused in researching AP vs. Complaint, which is appropriate to file to have these matters heard and determined?
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They're the same thing. An AP is a separate lawsuit within the bankruptcy. The complaint is the name of the pleading that you file to initiate the AP.Originally posted by rickyricardo View PostPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer. -
Okay. This makes sense. I have to assume that typically an AP is creditor initiated, as I do not find many references to the debtor having filed. Are you or anyone else reading aware of any other resources for me to utilize for preparing this? I am researching and absorbing like a sponge.Comment
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