How Do I Obtain Permission to Apply for a Student Loan From a Bankruptcy Court?
- 1). File a motion with the bankruptcy court. You must file a motion with the court in order to ask for permission to apply for student loans. With your motion, you should include a Notice of Motion; a Memorandum of points and authorities; a Declaration; and Proof of Personal Service or Certificate of Service by Mail. In your Memorandum of points and authorities, be sure to include legal and factual issues you wish the court to consider.
- 2). Give notice to all opposing parties, which would be your creditors. You should also give a copy of the motion and all supporting documentation to your creditors. You can either have the creditors served personally or by mail.
- 3). Attend the bankruptcy court hearing. The bankruptcy court will issue you a date for a hearing. You must attend the hearing, where you will be able to plead your case. The bankruptcy judge will make a decision and issue an order granting or denying the motion for you to obtain student loans during your Chapter 13 bankruptcy case. The judge may rule on the motion at the time of the hearing or take it under submission by deciding the outcome after further research or consideration.
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