4007:  Student Loan Discharge Adversary Proceeding; Special Service Rules

FRBP 4007 provides deadlines for a party to file an adversary complaint to determine dischargeability of a particular debt.  FRBP 7003 and LBR 7003 govern commencement of the adversary proceeding.  After a plaintiff files an adversary proceeding, the court will prepare and issue a summons.  After the court places the summons on the adversary docket, it is the plaintiff's responsibility to download the summons and serve it on all defendants using the process set forth in FRBP 7004 and LBR 7004, and then file a proof of service with the addresses and methods used to provide service.    

Bankruptcy Code Section 523(a)(8) authorizes a debtor to file an adversary proceeding seeking discharge of student loans that otherwise would not be dischargeable in a bankruptcy case. 

General Order 23-03 provides information about a new procedure our court adopted to help parties complete required duties in a student loan discharge adversary proceeding.   The procedure is necessary only when the Department of Education (DOE) is a defendant, because the DOE must meet requirements promulgated by the Department of Justice (DOJ).

SERVICE RULES FOR COMPLAINT AND SUMMONS:  The complaint and summons must be served on the DOE at all three addresses listed below:

1.  Civil Process Clerk, Office of U.S. Attorney, Room 7516, Federal Building, 300 North Los Angeles St, Los Angeles, CA 90012
2.  Attorney General, U.S. Department of Justice, Ben Franklin Station, P.O. Box 683, Washington, D.C. 20044
3.  United States Department of Education, Office of General Counsel, 400 Maryland Ave., SW, Room 6E353, Washington, D.C. 20202

Please see four documents linked below:

1. General Order 23-03:  This General Order was issued on September 25, 2023.  It authorizes and requires parties to follow guidelines issued by the DOJ and seek additional time to allow the DOE to follow the DOJ guidelines.  
2. Our Court's Guidelines to implement General Order 23-03:  This document contains the local procedures parties must follow to request additional time to meet the guideliness issued by the DOJ, while still meeting FRBP and LBR requirements applicable to status conferences and other dates.
3. Stipulation to Extend Dates and Deadlines:  This form allows parties to communicate to the presiding judge that they request additional time and agree to the additional time requested.  The stipulation must be filed with the court and a judge's copy served according to the presiding judge's instructions.
4. Order Granting Stipulation to Extend Dates and Deadlines:  This form order must be lodged using the LOU Program.  After the presiding judge enters the order on the docket, the parties are able to complete requirements according to the new schedule of dates and deadlines.