Legal Question in Bankruptcy in West Virginia
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What do you do if you found out that you could present to the judge in a bankruptcy hearing that paying student loans provided an undue strain to your finances, but were told by your atty that loans could not be part of a bankruptcy consideration at all?
1 Answer from Attorneys
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There is case law which will give you an idea as to whether a student loan is dischargable under the "undue hardship" provisions. It does require an Adversary Proceeding and would not usually be included in the Bankruptcy fees. Thus, your lawyer should be familiar with the level of proof and the level of hardship as required for discharge in comparison to your situation. He/she should be able to tell you if the AP is a waste of time and money.
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