Reopening backruptcy case

[janetbracero]

What is the name of your state (only U.S. law)? California.
Hi I now live in Florida, but in 1997 filed and was granted a chapter 7 discharge. At the time all of my debts, including student loans that were over 20 years old were dischargable. Here is the problem. I did the bankruptcy myself as I did not have any money, and in the stress of the situation I forgot to list several student loans. I have now started to recieve collection letters on those loans that I should have listed and had discharged 17 years ago. Is there a statue of limitations of reopening a bankruptcy case? And, if not, can I reopen the case, list those old loans that I in error omitted, and have them discharged?

 

[Proserpina]

What is the name of your state (only U.S. law)? California.
Hi I now live in Florida, but in 1997 filed and was granted a chapter 7 discharge. At the time all of my debts, including student loans that were over 20 years old were dischargable. Here is the problem. I did the bankruptcy myself as I did not have any money, and in the stress of the situation I forgot to list several student loans. I have now started to recieve collection letters on those loans that I should have listed and had discharged 17 years ago. Is there a statue of limitations of reopening a bankruptcy case? And, if not, can I reopen the case, list those old loans that I in error omitted, and have them discharged?

You need to speak with an attorney. There's technically no SOL to reopen, but with yours being 15 years ago I just can't see any court allowing you to reopen.

You may also find that the changes to the bk code were not "grandfathered'; in other words if you want to discharge the loans now they'll have to meet the Brunner Test requirements and that's about as easy as rollerskating blind and backwards up Mt. Everest whilst wearing a bikini.