Student Loan Lawyers in Bankruptcy Proceedings Can Ask Unreasonable Questions

Student Loan Lawyers in Bankruptcy Proceedings Can Ask Unreasonable Questions

As discussed in a previous post on student loan debt and bankruptcy, discharging student loan debt is a difficult task.  The debtor must prove the debt will impose an “undue hardship” – which is a very difficult burden to overcome.  The debtor essentially must convince the court they are too poor and have absolutely no available resources to pay their debt. As reported by the Wall Street Journal, student loan lawyers are known to ask interesting, yet unreasonable, questions to convince the judge that the debtor is able to pay the debt.

Children

A bankruptcy judge refused to side with the lenders when a married, unemployed debtor was asked whether her five children were planned.  In another case, the lawyer asked the debtor whether the female debtor choose to have children with no husband.  It was held that the lender’s questions were audacious and an infringement on the fundamental right to procreate.  The loans were discharged.

Medication

Lenders have challenged the necessity of debtor’s antidepressant medication for mental health problems, as well as offered evidence that the debtor could use his vacation time to travel 800 miles away to purchase  the medication from a cheaper source.  The bankruptcy court was completely bothered by the attack on the debtor’s drug use.  The loans were discharged.

Get a Better Job

Student loan attorneys have argued that debtor should seek better employment. For example, lenders have argued that a debtor was in the prime of earning years and there were no obvious barriers to the debtor getting a part time job.

Ask you can see, lenders in bankruptcy proceedings come with a host of challenging question.  And, it best to seek the assistance of legal representation when filing bankruptcy.  Contact the experienced bankruptcy attorneys at McGinn Law PC to help you with your case.