How do I file an adversay proceeding for my bankruptcy case?

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:
  • State: Louisiana

Answer:

We suggest that you call the lawyer referral service of the Louisiana Bar Association at one of the following numbers:

Baton Rouge: (225)344-9926

Lafayette (337)237-4700

Lake Charles: (337)436-3308

New Orleans (504)561-8828

Shreveport: (318)222-0720

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

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.