Legal Question in Bankruptcy in California

student loans and SSI bankruptcy help needed

I just filed a chapter 7 and was granted a discharge in NV. I was a NV resident. I am now in CA and was not able to get my student loans in the discharge or my SSI backpayment over pays from when I first became disabled. I work part time and barely make it and will be homeless if the loans and SS attach my pay since I can not make the loan payment of 764$ a month and the SSI repay of 300$ a month. I was told I needed to file a separate adversary hearing and do not have the funds to do this. Also, what do I file for the SSI ? Can anyone help? Thank you. I am seriously on the verge of homelessness. Thank you.


Asked on 6/08/09, 10:16 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: student loans and SSI bankruptcy help needed

If you file an adversary, you'd have to do it in the NV bankruptcy case. You might want to re-post for a NV attorney.

Read more
Answered on 6/08/09, 11:53 pm
David Gibbs The Gibbs Law Firm, APC

Re: student loans and SSI bankruptcy help needed

I am very sorry to hear about your problems, even post-bankruptcy discharge. Attorney Cohen is correct - you will have to file the adversary in NV, in the same court where your case was originally handled. You will also have to re-open your case to do so. You may have grounds for the student loans to be discharged on the basis of hardship, however, it is a pretty tough burden to overcome, and I don't know many attorneys who will handle this for free - its a ton of work. My best suggestion is that you contact Legal Aid in the city where you filed, and ask for a legal aid attorney to represent you. Short of that, your only other option is to attempt this on your own. Good luck - I sincerely hope someone over in NV can help you.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 6/09/09, 12:06 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California