I filed for Chapter 7 and, obviously, my student loans are not dischargeble. I will be filling ADVERSARY PROCEEDING to discharge them arguing A. hardship, and B. unconstitutionality. Penalties, enforcement, and nondischargeable nature of federally backed student loans violate the 13th amendment. US Bankruptcy Code 22 USC 523(a)(8) is violative of section 1 of the 13th amendment as accruing interest, lifetime duration nature of student loan payments is tatamount to involuntary servitude. In addition, the fact that the contract can effectively never be terminated is also violative of the 13th amendment as borrowers are forced to work to make these payments "against their will" by the use of legal coercion. Contracts are terminated when a party has committed a total breach. When a party has breached the terms of a contract, they go to court, a judgment is rendered and a remedy is provided. In the event that a party cannot pay the remedy, he files bk and the case is over. The party which could not pay CHOSE to file bk, and that is the end of it. With nondischargebale student loans, the borrower is forced against his will to continue to pay a usurious loan against his will....
You need to contact a student loan bankruptcy lawyer specialist. I recommend D.J. Rausa in SD County.
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Highly doubtful, but you could call a few to inquire.
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You need to google pro bono lawyers or volunteer lawyers in your area to find out if you can qualify for pro bono representation. You may have a better chance of obtaining assistance from a local law school that has a legal clinic in which you would receive assistance from law students under the supervision of a professor at the school.
You need to remember that using free legal services from attorney with something as complex as student loan discharge litigation results in the realization that you really do get what you pay for. As Stuart said, you need to meet with D J Rausa, or another experienced bankruptcy attorney that handles student loan litigation and pay for the services if you really want to prevail.
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The concept of pro bono work is to provide a public benefit. Most attorneys providing pro bono work perform these services to assist the handicapped or families unable to support themselves. The difference between your situation and involuntary servitude is that a slave did not get anything for providing his service and had no choice but to serve, and you did get something for undertaking the obligation to repay a student loan and you did have a choice of whether or not to obtain the education and take out the loan. Lots of luck with this argument. Hope this perspective helps!
Pro bono, or just really cheap, for a legitimate case or defense - unlikely, but theoretically possible. A lawyer to work for free chasing nonsense claims and defenses - far less likely.
My response is a 2-parter. To answer your question, it is very possible that a lawyer to make a name for him/herself in this area would take on the case. However, if you are going to be insistant upon the lawyer following your line of thought as expressed in option "B" I think--and it is only my opinion--that you not be successful, based upon the weakness of the underlying premises you make. As Ms. Bunce pointed out, you voluntarily took out the loans, you had a choice. Also consider that we, meaning lawyers, non-lawyers, everyone, are presumed to know the law. "Ignorance of the law is no excuse". Consider that you knew or should have known when you took out the loans that they would likely not be dischargeable in bankruptcy,
You knew that going in but took the money anyway.
I believe your comment that "the borrower is forced against his will to continue to pay a usurious loan against his will...." will frighten away attorneys who might otherwise be interested in looking into the matter. Sir, you signed up for the program, the same way that people who want to keep their houses have to pay against their will. They pay because they signed up for it.
As for usurious loans-you have not indicating what the rate is on the loans.
Remember also that bankruptcy is a right only to the extent that Congress says it is. It writes the rules. What can and can not be discharged.
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