File adversary proceeding to discharge student loans after Ch. 7 closed?

[avgshmo]

New York State

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 my student loan debt. I've read that a bankruptcy case can be reopened for up to a year after it's closed, and this is permitted under 11 USC 350.

Can I (the filer) reopen the case to file an adversary proceeding, in which I would seek to discharge my 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 someone filing Chapter 7 has done this after the case has closed and the discharge granted (of other debts). 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

 

[FlyingRon]

I'm confused by the pronouns here. Who's bankruptcy proceeding? Who's student loans?

 

[avgshmo]

Thanks Ron

Edited for clarity.

 

[HomeGuru]

New York State

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. I've read that a bankruptcy case can be reopened for up to a year after it's closed, and this is permitted under 11 USC 350.

Can I (the filer) reopen the case to file an adversary proceeding, in which I would seek to discharge my 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 someone filing Chapter 7 has done this after the case has closed and the discharge granted (of other debts). 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

**A: why did you not include the student loan in your BK 7? Most student loans are not dischargeable in BK.

 

[avgshmo]

the student loans were listed in the original bk case

I am aware that student loans are not dischargeable in the general case, and only can be discharged in an adversary proceeding. However, I did not file the adversary proceeding during the initial bk case, though the student loans were listed in the list of debts. I am wondering if now, a few months after the case has closed, can I bring an adversary proceeding seeking to discharge the student loans? I think adversary proceedings can be brought for up to a year from the close of the case.

 

[Proserpina]

I am aware that student loans are not dischargeable in the general case, and only can be discharged in an adversary proceeding. However, I did not file the adversary proceeding during the initial bk case, though the student loans were listed in the list of debts. I am wondering if now, a few months after the case has closed, can I bring an adversary proceeding seeking to discharge the student loans? I think adversary proceedings can be brought for up to a year from the close of the case.

I think the point being made is that no matter when you attempt to discharge the loans, they must STILL pass the Brunner Test...which is astonishingly difficult.

Google "Brunner Test"

 

[avgshmo]

Thanks Prosperina for your reply

I know the Brunner test is almost impossible to meet. However, my question may be more one of procedure. Can you initiate an adversary proceeding to seek the discharge of the student loan debt 4 months after the Chapter 7 bankruptcy case is closed? Thanks.

 

[Who's Liable?]

I am aware that student loans are not dischargeable in the general case, and only can be discharged in an adversary proceeding. However, I did not file the adversary proceeding during the initial bk case, though the student loans were listed in the list of debts. I am wondering if now, a few months after the case has closed, can I bring an adversary proceeding seeking to discharge the student loans? I think adversary proceedings can be brought for up to a year from the close of the case.

While you can certainly try to have them discharged, you won't be able to.

Unless you can prove that you will never be able to repay any amount of the loan over your lifetime, they will not be discharged.

 

[avgshmo]

Thanks for your response

Yes, I know it's almost impossible to get them discharged. However, procedurally speaking, can I file an adversary proceeding even though my case has closed 4 months ago? I listed these student loan debts when doing the initial filing but only would be seeking to have an adversary proceeding now.

 

[CameronNewport]

This thread is comical. I bet the OP was pulling his hair out when reading all of the irrelevant replies from the regulars. LOL

 

[Proserpina]

This thread is comical. I bet the OP was pulling his hair out when reading all of the irrelevant replies from the regulars. LOL

You resurrected a 3 month old thread...for that?

Really?

 

[CameronNewport]

You resurrected a 3 month old thread...for that?

Really?

Do you think that resurrecting old threads is difficult? Maybe not worth the effort? No, it's as easy as responding to any other thread. This one amused me, so I replied.

Really.



EDIT: Oh, I see why you're on the defensive. You're one of those who had earlier responded. LOL

 

[Who's Liable?]

Do you think that resurrecting old threads is difficult? Maybe not worth the effort? No, it's as easy as responding to any other thread. This one amused me, so I replied.

Really.



EDIT: Oh, I see why you're on the defensive. You're one of those who had earlier responded. LOL

We try to prevent necroposting as it can confuse people trying to look up current information.

 

[TitleDan]

Nobody Ever Answered this Question

Procedurally, you can bring an adversary proceeding in a BK any time you would like. However there are some important considerations. I for one can't understand why you bother to attempt an answer similar to the ones displayed here.

You may have to re-open the case and pay a re-opening fee.

You may subject any newly acquired assets to the BK estate.

You may be extending the time for prior creditors to object to the discharge.