Legal Question in Bankruptcy in Illinois

In 2005, I filed for chapter 7 bankruptcy in Illinois due to termination of a full-time position and mental illness bi-polar leading to being hospitalized in a mental institution. All credit cards and unsecured auto loans were charged off, but my student fafsa and private loans were not charged off. Would this be considered undue hardship that my attorney at the time did not mention during a hearing or how can I go about resolving this matter.

Etienne Rodriguez


Asked on 12/27/10, 5:47 am

1 Answer from Attorneys
Nwankwo Henry Amaobi Amabuovanni Enterprises

Yes..Special or specified circumstances that partially or fully exempt a person from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle.

Undue hardship implies that there may necessarily be some hardship in accommodating someone�s disability, but unless that hardship imposes an undue or unreasonable burden, it yields to the need to accommodate.... Concrete evidence is required to establish undue hardship.�

Twenty years ago, the Americans with Disabilities Act was signed into law. For at least one person who attended the signing, that Act was something much greater than just one more law coming out of D.C. It was a demonstration of what Christian worldview can look like in practice.

The ADA will be of help, once you consult them

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Answered on 1/06/11, 5:08 am


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