Can't locate form 'Complaint to Determine Dischargeability of Student Loan'

[justbroke]

I submitted some paperwork at the court-house today, and spoke with their legal clinic person, over some other things, and asked a question to confirm my timeline for filing for the student loan discharge, and she informed me that no one has ever managed a student loan discharge in my state (Illinois).

The only way to really discharge student loans, is to show hardship. It's extremely hard for me to believe that there was never one person who was able to prove hardship in Illinois (given its population). The clinic person probably should have said it is "rare"... which it is.

So what's your basis for seeking a discharge of your student debts?

[HHM]

Why the heck are you reaffirming your car loan. In fact, doing so probably hurts your student loan case. Reaffirmations get denied because they create "undue hardship".

Anyway, back on topic, I am willing to bet that the legal clinic's person statement is true, the fact is, the cases are rarely brought. And most cases that are brought, lose. Let me put it this way, I wouldn't be surprised if her statement true.

[enari]

I'm going to post about the car later tonight... and, me, again, I guess.

I am disabled, I am not going to be able to realistically work again. I have been in forbearance for almost 5 years. My only income is SSDI. The section8 list has been closed the majority of that time, and while my rent takes up 44% of my income, it is 39% lower than Fair Market Rent. The utilities, consume an additional 12%, medical, even with medicare and medicaid hover's around 26%, depending on how ill I am. My car, that gets me to appointments, some of my specialized care isn't local, will be close to 8%... not to mention my food (i'm in appeal, again, with foodstamps), household goods and an attempt to save, which I fit in here.

Then...there is, of course, the disability... and the factors of the disability that make it impossible to sustain employment, and the reasons for applying now, vs then, as well as a lot of the good faith activities... I really don't want to go into any of that on a forum.

And...honestly... I just want to try. I have to deal with my income and disability situation every day for the rest of my life. I don't want to face the naive (non-disabled) self, who willing believed that if she signed loans, completed school, she would have the education and income needed to live a very different life.

Not for (possibly) 25 years of this... not while I watch my $57k in loan, balloon in interest over 25 years, with a nice tax payment...

not if i can help it.

[justbroke]

Since you have a disability which impacts your future ability to earn income, then you are the person whom they would allow a discharge of student debt. This would be a Complaint to Determine Dischargeability of Student Debt due to Hardship.

It may be better to have an attorney prepare this. You may want to call the Clerk of the Bankruptcy Court and see if there are any pro bono or free legal services available to you.

[enari]

discharg

Thanks.


My initial call to several pro-bono agencies, resulted in declining aid to help with my bankruptcy, based on the grounds that, ssdi, being my only income is non-garnishable.

I've spoken with 2 private attorneys who wanted a 4-6k retainer.. can't do that.

My next step was to write a letter/request for aid, and resend to the pro-bono and state bar's website. Barring that, I was going to attempt to start the proceeding and see what happens... I'm not there yet.

However,hearing that there have been no successful discharges, make me wonder if I should redirect my energy elsewhere, because, surely I am not the only student-loan disabled person in my district.=)

[justbroke]

However,hearing that there have been no successful discharges, make me wonder if I should redirect my energy elsewhere, because, surely I am not the only student-loan disabled person in my district.=)

While that particular "clinic" helper may have personally never seen one... I can NOT believe that there has NEVER been one in Illinois. Sure, some folks may not remember one...

Courts use the Brunner decision to decide... to establish "undue hardship," the debtor must show] (1) that the debtor cannot maintain, based on current income and expenses, a "minimal" standard of living for herself and her dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans.

It is still very rare to get it discharged, and can be an uphill battle. This is probably why the pro bono attorneys are saying to just lie low (do nothing because you're judgment proof).

[indy4192]

I am not even going to try

I am filing pro se and have students loans presently totalling over $144000 and have had this loan for over 19 years as I finished college in 1990. I am listing it but since the gov't owns my loan now they don't really care how much I send each month. When I filed back in 99 I listed it then and it wasn't discharged and I don't expect it to be discharged again this time but have listed it under the unsercured section.