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How can I file an adversary proceeding for undue hardship in bankruptcy?

How can I file an adversary proceeding for undue hardship in bankruptcy?

Full question:

I need to file an adversary proceeding for undue hardship relating to my bankruptcy case #06-20160 Chapter 7 Western District of Lousisana. My debts were discharged on 8/29/06. I received a letter from one of my debtors after the discharge informing me that my debts with them had not been discharged without a favorable ruling from an adversary proceeding for undue hardship. I have been on social security diability since 1993 and have medical documentation as well a letter from SSD stating that I am still disabled. I am having trouble finding an attorney to file this proceeding for me. Every bankruptcy attorney I have spoken to says they only handle new bankruptcy cases.I have found the legal form for adversary proceeding on your website but I am not sure how to go about filing it myself and representing myself in this process. I would prefer having proper legal representation in this matter. What can I do? What type of attorney should I seek out?

Category: Bankruptcy
Date: 04/07/2025
State: Louisiana

Answer:

We suggest that you contact the lawyer referral service of the Louisiana Bar Association. You can reach them at the following numbers:

Baton Rouge:
Lafayette:
Lake Charles:
New Orleans:
Shreveport:

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is undue hardship in bankruptcies?

Undue hardship in bankruptcy refers to a situation where a debtor cannot maintain a minimal standard of living if forced to repay certain debts, such as student loans. To prove undue hardship, debtors typically must show that they cannot pay their debts based on their current income and expenses, and that their financial situation is unlikely to improve in the future. Courts often use the Brunner test to evaluate these claims, which assesses the debtor's current and future financial situation.

What is the deadline to file an adversary proceeding in Chapter 7?

In a Chapter 7 bankruptcy, the deadline to file an adversary proceeding is typically 60 days after the first date set for the meeting of creditors. This meeting usually occurs shortly after you file for bankruptcy. It's crucial to adhere to this timeline to ensure your claim is considered by the court. If you miss this deadline, you may lose the opportunity to challenge the discharge of your debts.

What is an adversary proceeding for student loan discharge?

An adversary proceeding for student loan discharge is a legal action taken within a bankruptcy case to seek the discharge of student loans based on undue hardship. The debtor must file a complaint in bankruptcy court and demonstrate that repaying the loans would cause significant financial distress. This process often requires presenting evidence and may involve a trial to determine if the loans can be discharged.

How do I file an adversary proceeding in bankruptcy court?

To file an adversary proceeding in bankruptcy court, you must prepare a complaint that outlines your case and the relief you seek. This document should be filed with the bankruptcy court where your case is pending. You will also need to serve the complaint to the involved parties, typically your creditors. It's advisable to follow the court's specific rules and procedures, which can vary by jurisdiction.