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I need to file chapter 7 I have no assets however most my debt is student loans which requires a adversary petition to be filed?

Ventura, CA |

I am now permanently disabled due to an accident occurring 6/6/11 that left me with 2 degenerated disks that have made my condition only get worse with time and also suffer from mental illnesses thoroughly documented by my Primary Dr...since then Ive been living on social security with limited income,..i hired a petitioner preparer but I feel that was a mistake, and wasted 200..cus do to my disabilities and medications I just cant due this alone. I know the filing fees are 293 for adversary petition to be filed and 306 for chapter 7, and 200 for paperwork preparation.I have 5500 in credit card debt, no assets except for a car 18 months until paid off & current which I want to keep, my S.L debt is around 140000 I need a lawyer who can help me & work with my budget & develop a payment plan

is there any attorney who is willing to work with me, without charging me thousands of dollars or are the disabled people living in poverty just hopeless with no chance for any representation in our society :(

Attorney Answers 4


  1. It appears you are judgment proof. Why file a BK? Even in your circumstances, it is extremely unlikely a court will grant a discharge of your student loans. Chapter 7 fees are discharged in BK so no attorney, except one who does not expect to be paid, will offer payment plans in a Chapter 7.

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  2. Public Counsel offers free assistance but you have to go through an intake process and they are backlogged. They may or may not deem your case worth of fighting for discharge of student loans which is very difficult to do but not impossible.
    Go here: http://www.cacb.uscourts.gov/dont-have-attorney
    Look at the links midway on the right side. They may be useful to you. Best of luck.


  3. You need to consult with a BK attorney who specializes in student loans. Good luck.
    .

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  4. First, I assume these are all federal loans. Here is a link to information about discharge of federal student loans - this is an administrative process outside of bankruptcy. Perhaps you qualify and can get relief without filing for bankruptcy? See link for more information & application process: http://studentaid.ed.gov/repay-loans/forgiveness-cancellation/charts/disability-discharge

    I am not YOUR lawyer. You should not rely on answers to questions as legal advice. For legal advice you should contact a law firm for a consultation. Tokarska Law Center 185 West F Street #100, San Diego, CA 92101 (619) 285-1992 www.sdbankrupt.com Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code.

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