Student Loan

[indy4192]

I am fully aware they can not be discharged, but should I still list it?

[MSbklawyer]

If you don't know the answer to that question, you have no business filing pro se.

[indy4192]

Well gee

What is the purpose of the fourm? I am filing Pro Se because I have no monies. I filed pro se back in 99 and did list it knowing you can not get rid of them, but I didn't know with the changes if you still had to list it. I am sorry I wasted your time with such a question.

[jribe]

Yes-
you have to list all debts.

Since the student loan is a debt - you'll list it.

As you know- it's not dischargeable but you still list it and some districts allow the expense on the means test as well. I'm sorry no one else answered your questions

[justbroke]

I am fully aware they can not be discharged, but should I still list it?

Yes. You list all debt on your Schedules.

In this Forum, we like to assist pro se filers, but we also must insist on them getting familiar with the process, forms, and bankruptcy rules. To that end, may we ask if you have purchases (or borrowed from your library) NoLo Press' Guide to Chapter 7? Or, at least some other guide on filing Bankruptcy?

There is a lot of information to be placed on the forms and we really don't want to give any legal direction. We will tend to point you in the right direction without trying to tell you "word for word" what to put where. It's a fine line between helping and not helping. We tend to err on the side of helping.

In limited cases, Student Loans can actually be discharged due to a hardship. In most cases, probably including your own, you are correct that Student Loans are non-dischargeable.

[indy4192]

Done it before

I filed pro se back in 1999 without any issue, however I know there have been some tweeks in it since then. Mine is very basic, I have just CC debt, a couple cell companies, a car loan and a apt fee. I own nothing and only make $1280 after taxes per month. I just wanted to make sure you still have to list your student loan. Since mine is now owned by the federal gov't, I don't see a "hardship" being allowed since they pretty much don't care if you make a payment or not anyway. My difficulty is coming up with the $300 to file.

[jribe]

i'm sorry - but i disagree with some things on this thread.

How many times a day do we answer seemingly easy questions?
All the time right? So why should this poster be treated diffrently?

The first response to this question was downright rude and uncalled for as a response.

Everyone is entitled to their opinion - but we're here to help others that may not know as much as some on this forum.


People shouldn't worry about being chastised for asking a question..

Sorry this thread kinda hit a nerve...

[MSbklawyer]

i'm sorry - but i disagree with some things on this thread.

How many times a day do we answer seemingly easy questions?
All the time right? So why should this poster be treated diffrently?

The first response to this question was downright rude and uncalled for as a response.

Everyone is entitled to their opinion - but we're here to help others that may not know as much as some on this forum.


People shouldn't worry about being chastised for asking a question..

Sorry this thread kinda hit a nerve...

I wasn't trying to be rude or to chastise him. My aim was to warn him that if he needed answers to questions that basic, that he was not ready to file pro se. He's ASKING for trouble.

That said, I could have and should have said it more diplomatically, and Indy4192, I apologize for any hurt feelings.

[justbroke]

I filed pro se back in 1999 without any issue, however I know there have been some tweeks in it since then. Mine is very basic, I have just CC debt, a couple cell companies, a car loan and a apt fee. I own nothing and only make $1280 after taxes per month. I just wanted to make sure you still have to list your student loan. Since mine is now owned by the federal gov't, I don't see a "hardship" being allowed since they pretty much don't care if you make a payment or not anyway. My difficulty is coming up with the $300 to file.

Okay, that's perfect information to start a question. Now that we understand your situation better...

Yes, you can actually pay in installments. You should contact your Clerk's office at your Bankruptcy Court and ask for the process (which form(s)). I believe that it's 4 installments and the first one is due upon filing.

Yeah, the student loans... unless you're half dead, they won't do the hardship discharge, so it is a stretch.

[lezlovin]

That one answerer is just a lawyer that is mad he's losing pro se business. Yes you include it on there ( as others have said ). that information can be found in the NOLO book as well.