Legal Question in Bankruptcy in Texas

What form do I need to fill out when requesting private student loan discharge/relief with a chapter 7 bankruptcy in Texas? Know the chances are slim, but I've heard of people atleast having a portion of the debt reduced with more favorable interest rates on the remainder. I'm filing Pro Se using a online bankrupcty preparer due to the cost, as I only bring home about 800$/month after taxes, insurance, and child support.


Asked on 4/02/13, 6:36 pm

2 Answers from Attorneys

Rustin Polk 214bankruptcy.com

There is not a specific form for that. Instead, you have to prepare and file an "Adversary Proceeding" which is a type of separate lawsuit. After this lawsuit is prepared, you file it against your student loan lenders. Then you do the normal lawsuit things-- pretrial disclosures, interrogatories, requests for production, requests for admission, depositions, joint pretrial order, and then the actual trial.

Rustin Polk

www.214bankruptcy.com

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Answered on 4/03/13, 7:10 am
Gary Armstrong Armstrong Kellett Bartholow P.C

I have to agree with Mr. Polk. A rare few people are able to do enough legal research and such to figure out how to do this, but it is difficult for someone not schooled in the law. You cannot just locate a form, fill it out, and file it and expect to have any success, particularly if your case is filed in the Eastern District of Texas, which is where your zip code lies. The clerk and the court there are very particular that the law and procedure be followed, somewhat meticulously. If you are just bound and determined to do it yourself, there is a guy with a book and website who purports to help people like you. I certainly do not recommend it as it looks like the unauthorized practice of law to me and may well lead you astray. But, you can check it out at http://www.bankruptyourstudentloans.com/

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Answered on 4/04/13, 12:17 pm


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