2020 Best Invention

Discharging Student Loans in Bankruptcy: Important Legal Terms

1 minute read Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool


In a Nutshell

One of our goals this year is to publish a comprehensive guide on filing an adversary proceeding as part of a bankruptcy to discharge student loans. It will initially be published as a series of Learn Articles. The following is a guide to important legal terms that come up in adversary proceedings.

Written by Attorney Andrea Wimmer
Updated March 2, 2021


The vocabulary used by courts and lawyers is different from how we speak in real life. Understanding the terminology will go a long way to make you feel more comfortable representing yourself in an adversary proceeding to discharge your student loans.

Upsolve User Experiences

1,892+ Members Online
bryant graham
Bryant Graham
★★★★ 5 days ago
Upsolve was very helpful i highly recommend there service.
Read more Google reviews ⇾
Keith Vincent
Keith Vincent
★★★★★ 5 days ago
Upsolve provides a invaluable service at no cost. The clerk of court told me all of my paperwork was in order. It was done by myself with the assistance of Upsolve staff. Great Service for the people of this country. Thank you Upsolve.
Read more Google reviews ⇾
Andrew Morales
Andrew Morales
★★★★★ 6 days ago
Exceptional Service and Support - A Lifeline During Bankruptcy I am delighted to share my heartfelt gratitude for Upsolve and the exceptional assistance they provided my wife and me during our bankruptcy filing. Their expertise, kindness, and user-friendly platform made an otherwise daunting process remarkably simple and accessible. From the moment we engaged with Upsolve, their team exhibited an unwavering commitment to helping us navigate the complexities of bankruptcy with ease. Their knowledge and professionalism were evident at every step, and they went above and beyond to ensure we felt supported and understood throughout the entire journey. Upsolve's user-friendly platform was a game-changer, simplifying the otherwise overwhelming paperwork involved in bankruptcy filings. Their intuitive interface guided us through each necessary form, reducing confusion and streamlining the process. Thanks to their comprehensive resources and guidance, we were able to complete the filing accurately and efficiently. What truly set Upsolve apart was their empathetic and caring approach. The Upsolve team was always available to address our questions and concerns promptly, providing clear and compassionate explanations that put our minds at ease. Their commitment to accessibility is commendable, particularly for individuals like us who couldn't afford the services of a lawyer. Upsolve made bankruptcy filing a viable option for those facing financial hardships, providing much-needed support to those who need it most. While we have just completed the filing process and await the final outcome, we are confident that Upsolve's expertise and meticulous assistance will yield positive results. However, regardless of the outcome, we are eternally grateful for their invaluable help. They have given us hope and a fresh start, empowering us to take control of our financial future. If you find yourself in a similar situation, I wholeheartedly recommend Upsolve. Their commitment to making the bankruptcy process more accessible, their exceptional support, and their user-friendly platform make them an unparalleled resource for anyone in need. Thank you, Upsolve, for being our guiding light during this challenging time.
Read more Google reviews ⇾

This article will explain cover some of the terms you'll come across when you prepare to file your adversary proceeding to discharge your student loans.

  • Plaintiff - the party bringing a lawsuit. You. 

  • Defendant - the party against whom the lawsuit is filed. The bank.

  • Complaint - the document listing the allegations or claims made in the lawsuit. It is filed by the plaintiff.

  • Summons- issued by the court clerk once a complaint is filed. It “summons” the defendant to come and answer the allegations described in the complaint. 

  • Adversary Proceeding - a lawsuit filed in the bankruptcy court; it’s connected to the bankruptcy case (called the administrative case) but assigned its own case number and docket. 

  • Service / to serve - the plaintiff has to “serve” the defendant with the summons and complaint. This can be as simple as mailing the summons and complaint to the defendant but it is subject to very specific and strict rules.    

  • Allegations - each paragraph in the complaint is an allegation. Paragraphs (and as a result the allegation contained in the paragraph) are often only 1 sentence long. 

  • Answer - the document a defendant files in response to being served with a summons and complaint. Literally “answers” each individual allegation in the complaint.

  • Default judgment - If a defendant doesn’t file an answer by the deadline, the plaintiff can ask the court to grant them a judgment against the defendant by default. This is called a default judgment. 

  • Pleading(s) - document(s), other than the official bankruptcy forms, that are filed with the court. The complaint, answer, and any motions are pleadings.

  • Motion - a document requesting the court take a certain action. 

  • Pleading Paper - the caption, together with the lined numbers on the left side of the page make up the pleading paper. You can create “lined” paper in your word processor. The sample caption below is “on pleading paper.”

  • Caption - located at the top of all pleadings filed with the court, listing the person filing the document, the name of the court, the type of pleading, and specific case information. For an adversary proceeding, It should follow this template and will look something like this: 

Sample Caption for Adversary Proceeding
  • Exhibits - documents submitted to the court as part of the complaint or other pleading. Exhibits back up the story you’re telling by providing the court with evidence

  • Discovery - method of exchanging evidence after a case has been filed before a trial is held.

Stay tuned for Learn the Lingo Parts II - ?? and other sections of Upsolve's Guide to Student Loan Adversary Proceedings.



Written By:

Attorney Andrea Wimmer

TwitterLinkedIn

Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team as Managing Editor. While in private practice, Andrea handled... read more about Attorney Andrea Wimmer

It's easy to get help

Choose one of the options below to get assistance with your bankruptcy:

Free Web App

Take our screener to see if Upsolve is right for you.

Take Screener
11,416 families have filed with Upsolve! ☆
or

Private Attorney

Get a free bankruptcy evaluation from an independent law firm.

Find Attorney

Learning Center

Research and understand your options with our articles and guides.

Go to Learning Center →

Already an Upsolve user?

Read Support Articles →

News

    + Show Articles
    Y-Combinator

    Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can't access their basic rights when they can't afford to pay for help. Combining direct services and advocacy, we're fighting this injustice.

    To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.