After you have filed your student loan adversary discharge case with the Court, it will be assigned to an Assistant US Attorney (AUSA) who represents the Department of Education (ED). This attorney will be responsible for evaluating your case to determine whether or not you will qualify for an adversary discharge of your government student loans. Throughout this evaluation, the ED lawyer will furnish a comprehensive overview of your educational history and each of your student loans. Attorneys may use various terms, but online it’s commonly known as the Student Loan Litigation Report. In most cases, you should use this information to fill out your student loan attestation, which is probably the most important document in a student loan bankruptcy case.
When Will the Report be Provided?
Once you’ve submitted your Adversary Complaint, you’ll send a copy to ED and other relevant parties. This packet will include an adversary summons, specifying the initial court status date and the deadline for the government to respond to the complaint. Typically, these dates are close to each other and occur no earlier than 35 days after filing the complaint.
Based on my experience, the AUSA handling the case will rely on the litigation report to craft their response to the complaint. This report contains much of the necessary information for addressing the complaint. Therefore, you can expect to receive a copy of the litigation report via email from the AUSA approximately 35 days after filing the complaint.
Contents of the Litigation Report
A standard Litigation Report can be structured into seven parts:
- Cover Sheet: The Cover Sheet provides an introductory paragraph outlining the origin of the information within the report. It states that this data can be utilized for completing the Attestation but acknowledges that recipients may also use their own records. In cases of any disparity between personal documentation and the litigation report, individuals are advised to clarify within the Attestation why they believe the report to be inaccurate and provide correct information. Additionally, they may supplement any incomplete information with their own data.
- Loan Information Table: Features a table presenting a clear breakdown of all loans owed to the US Dept of Education. This includes NSLDS Loan Number, Loan Holder Name, Loan Date, Disbursement Amount, Loan Type, Status, Principal and Interest Owed, and Repayment Start Date. This table will also include the monthly repayment amount under a Standard Repayment Plan. It also specifies which sections of the attestation form correspond to the provided data, in this case it is paragraphs 5, 6 and 7.
- Education / Graduation Information: Presents a table detailing post-secondary educational institutions attended, graduation status, and validation dates by the Department of Education.
- Attestation Factors: Offers checkboxes indicating whether key factors for the attestation have been satisfied, such as repayment duration, payment history, deferment or forbearance applications, IDR plan applications, and federal consolidation applications.
- Loan Balances: Provides a comprehensive breakdown of loan balances, including accrued interest, subsidies, fees, and outstanding balances. Typically sourced from the loan servicer’s website.
- School Enrollment: Offers a more detailed breakdown of the debtor’s entire school enrollment history, including school names, graduation status, anticipated completion dates, certification dates, methods, and sources.
- Supporting Loan Documentation: Offers a comprehensive overview akin to a credit report for your student loans. It delves even deeper into loan details, encompassing all previously mentioned information, as well as the loan history for loans that have been consolidated into new ones. This document contains the most extensive loan history available.
Being proactive, you can typically acquire much of this information directly from your student loan servicer or by downloading your NSLDS txt file from studentaid.gov. However, as previously mentioned, if discrepancies arise between your perceived loan balance and the information in your litigation report, you must convince the Assistant US Attorney (AUSA) of the accuracy of your version of the facts. Be ready to substantiate your stance with supporting documentation.
Building a Strong Case: Your Key to Success
Navigating the complexities of discharging federal student loans through an adversary proceeding requires meticulous attention to detail and strategic planning. Chicago student loan attorney Steven J. Grace understands the importance of ensuring that your case is as strong as possible before filing the adversary discharge complaint. With a thorough understanding of the litigation process, he assists clients in deciphering the contents of the litigation report and addressing any inconsistencies effectively. Through free consultations, individuals can gain clarity on their options and develop a strategic approach to their case to break free from student loans. Trust Steven J. Grace to provide the expertise and guidance needed to pursue a successful outcome in discharging federal student loans.
