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.
2 Answers from Attorneys
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.
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.
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