Two part question. I can't afford to have a lawyer do both the bankruptcy and attempt to discharge student loans through adversary hearing. Can i wait and re open at later time to attempt the adversary hearing? Second, i have a pending lawsuit against a company, and it's taking forever to wrap up,.I cant wait to file chapter 7 any longer. I cant speculate on how much i will get or won't get and if i lose i could owe legal fees to the other side. Wjhat do i tell the trustee about this?
As to your first question, yes you can seek to reopen your case at any time to litigate the undue hardship issue on the student loans. In other words, there is no specific time limit. You just have to be able to prove undue hardship as that term is defined by courts in the jurisdiction where your case is filed.
As far as the lawsuit, that is an asset which must be listed on your bankruptcy papers. If you truly have no idea whatever about what it is worth, then just put unknown and provide whatever details you have to the Trustee (name/address of your attorney, or evidence you have, etc.). If the exemption laws applicable in your case allow you to exempt an asset like that (usually via a "wildcard exemption") you may want to take it on that. Your bankruptcy attorney can advise you on that.
Since you mention that you can also lose the lawsuit, you should also list the other party as a possible creditor in your bankruptcy case, just to be safe.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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