Legal Question in Bankruptcy in Maryland

Student loans-actions by creditors

If a bankrutptcy is filed and a stdent loan is included, is it the responsibility of the debtor to do "something special" to have the debt included? Or is it the responsibility of the creditor to object to the debt being included, subsequently requiring the debtor to prove their case of extreme hardship?


Asked on 3/05/99, 10:41 am

2 Answers from Attorneys
Olivier Long Law Office of Olivier Denier Long

Re: Student loans-actions by creditors

Debtor must include student loans in the schedules filed. Burden of establishing hardship is on the debtor.

Olivier Long

Law Offices of Olivier Denier Long

10500 Sager Avenue, #B


Read more
Answered on 3/05/99, 3:19 pm
Daniel Press Chung & Press, P.C.

Re: Student loans-actions by creditors

All debts, dischargeable or not, must be scheduled.

To discharge a student loan, it must be scheduled, and the debtor must file an adversary proceeding against the lender seeking to discharge the loan on undue hardship grounds. In that proceeding, the debtor has the burden of proof of undue hardship.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


Read more
Answered on 3/05/99, 8:40 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Maryland