Legal Question in Bankruptcy in New York

Deferred Student Loans -

Do I have to list student loans and include them under creditors holding secured claims schedule D?

Can I also pay (you) or an attorney or their paralegal to prepar my petition and forms and then file them myself?


Asked on 5/20/09, 10:39 am

1 Answer from Attorneys

Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Re: Deferred Student Loans -

All debts must be listed in a bankruptcy petition.

Some people think that they do not have to list student loans since they are not dischargeable debts. However, that is not true. You must list student loans.

Student loans are not secured debts. They should be listed in the schedule of unsecured debts.

Attorneys generally will not limit their services to just preparing the bankruptcy petition, as Courts expect the attorneys to follow through and represent the client in court.

You appear to live in Plattsburgh, New York, which is too far from my office for me to represent you. However, there should be a number of reasonably priced bankruptcy attorneys in your area.

You should take a look at my blog and website to get more information about the bankruptcy process.

Bankruptcy Website: www.BankruptcyCanHelp.com

Bankruptcy Blog: www.LongIslandBankruptcyBlog.com

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Answered on 5/20/09, 12:21 pm


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