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When Ch. 7 bk case is closed and debt's discharged can debtor file adversary proceeding w/in 1 yr to discharge student loans?

New York, NY |

I filed for ch. 7 bankruptcy and discharge was granted. A few months after, I realized I should've filed an adversary proceeding to seek the discharge of his student loan debt. A bankruptcy case can be reopened for up to a year after it's closed, and this is permitted under 11 USC 350.
Can the debtor reopen the case to file an adversary proceeding, in which he will seek to discharge his student loans? 11 USC 350 (b) says a case can be reopened "for other cause" but I haven't found any cases or information about this being done where a debtor has done this. If you can, please mention some caselaw, statutes, etc. that say I can or can't do this, so I can follow-up on my own. Thanks in advance.

Attorney Answers 4


Yes you can, and I'm not even sure there's a one-year limit on that.

Mark J. Markus, Attorney at Law

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That depends on whether you have a good reason to discharge the student loan. You need to be disabled, which is defined differently by different judges, and often means unable to work at any job.
You should see a lawyer in your area.

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You can reopen the case but in order to discharge student loan debt you have to have some pretty compelling circumstances. You may want to go talk to an attorney and see if it is worth it. If you have the ability to earn money the debt probably will not be allowed to be discharged.

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You can make a notion to reopen the case and file an adversary proceeding. The amount of proof to sustain the burden on winning a proceeding to discharge student loans is very high.

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