Legal Question in Civil Litigation in California

Re: Notice of status conference and order to appear

Since the civil matter was taken off calendar because of your BK filing, the court is aware of it. The further status conference/OSC (order to show cause) is directed at the plaintiff's attorney to give the court an update as to your bankruptcy. You don't need to show up. Once the bankruptcy is over and your debts are discharged, the court (or plaintiff) should dismiss the case against you. Good luck! -Robert F. Cohen, Esq.

Re: Notice of status conference and order to appear

O.K., first of all, the court has just continued the status conference b/c it cannot legally do anything while you are in bankruptcy status. After your bankruptcy case is dismissed or concluded, then the court may continue with the student loan case, maybe. The bigger isue is whether the bankruptcy will take care of the "private" student loan. I am presuming you filed a chapter 7. The answer is vague, at best, and there are volumes of case law on this issue. Generally speaking, private loans are dischargeable, but clever attorneys for loan companies have found so many exceptions to this general rule that for all practical purposes, it is very unlikely that your student loans will be discharged in bankruptcy unless the bankruptcy court makes a specific hardship finding (unlikely). Also, even if the bankruptcy court does discharge the student loan, you are almost guaranteed an appeal; which you will not be able to afford to defend against. This is what I often recommend to people: after your Chapter 7 is concluded and your debts are discharged, then file a chapter 13 to pay back your student loans over 5 years without interest.