jurisdiction if moved from state of old bk but need to reopen?

Hello, I filed and rec'd a ch7 discharge in 2000 or 2001 in PA. As expected my student loan was not addressed. I am now attempting to get the holder of the loan to do a compromise. If we don't agree then the holder will garnish. While "only" 10% it will be money down the drain (they will skim collection fees, etc. so that it won't even cover interest) whereas a compromise could lead to repayment better credit etc. The glitch is that I borrowed 24K, paid 15K (barely covering interest), until ca. 1998 when I got into financial difficulties. They say balance is now 50K, including ~9K in penalties. I am simply unwilling to sign a new note of 50K. The guarentor paid 31K a year or two ago and that is what I'm offerring in my compromise. They would lose a couple years interest in return for a fully functioning 9% loan for up to 20 years. Any normal bank would take such a deal I believe. But the guar agencies hold all the cards. Why compromise when eventually the gov't will pay.

Sorry perhaps too much background. I have read in Student Loan Law (natioanl consumer law center) that a ch7 bankruptcy really just doesn't address the dischargabillty of the student loan (it's assumed non dischargable) and that the question can be addressed at any later date. But (finally getting to the question) - in which district? The one the bk was filed in?. My new state? (Or even the state of the guarentee holder? )

Not sure who I should ask, my old lawyer, or a new one in this state?

[AttorneyOney]

Your old lawyer probably considers the case closed and probably can't practice in your state anyway. I suggest asking a lawyer in your own state.

A dischargeability determination under 523(a)(8) does not, by the way, have to be made by a bankruptcy court. Any court can determine the issue of "undue hardship". Many bankruptcy attorneys would prefer to litigate the issue in a bankruptcy court, however, because they would expect a more flexible and debtor-friendly result.

[Skylyn]

How are you going to force them to compromise? They don't have to and probably won't. There's no SOL on them and there are extreme measures they can use to collect.

That being said, they can and do sometimes settle for less than full amount owed in some situations (there are written guidelines they follow for this. Search the net for them). However, you'll need to come up with roughly 75% of the cash to entice them...