Legal Question in Bankruptcy in Virginia

adversary proceeding for undue hardship

I recently filed chpt 7 bankruptcy, and debts other than student loans were discharged. Only after filing did I find out about the exception for ''undue hardship''. I think I may have a good case because I have been out of work for almost 9 months and have 2 disabilities plus huge medical expenses. My question is: Have I missed my chance to try and file an adversary proceeding because the other debts were already discharged? I was told that I don't need to worry about the loans because I'm unemployed and have no assets and they can't send me to jail for not paying. I don't want to make things worse by just ignoring it, but I'm not sure where to go from here.


Asked on 4/28/02, 1:19 am

1 Answer from Attorneys
John Sawyer Sawyer & Azarcon, P.C.

Re: adversary proceeding for undue hardship

You must file before your case is closed. You really need legal counsel before undertaking such a complicated adversary proceeding. Remember that the student loanholders will certainly be represented by counsel.

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Answered on 4/28/02, 10:35 am


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