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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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The question is about re-opening a chapter 7 bankruptcy discharged

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The question is about re-opening a chapter 7 bankruptcy discharged in 1996. The person would like to get his student loans discharged based on undue hardship. He doesn't have any other debt. He went back to school a few years ago (without taking out new loans) and has been unable to find a full-time job. During the 1990s the loan was in repayment status, but for less than 7 years. Based on his current income, he can't maintain a minimal standard of living if he is forced to repay the loans. He was a CA resident at this time but now lives in eastern Europe, where the salary levels are much lower than in the U.S. But he could not find a job in the U.S. How would he go about re-opening this case? He no longer has his case number XXXXX paperwork.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 4 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. I am sorry but the central district of California which governs the BK courts has ruled repeatedly that tudent loans are not dischrgeable under any circumstances, I am so sorry.Best regards XXXXX XXXXX am glad  to help.  Please be so kind as to click the GREEN accept button as I do not get paid for my assistance unless you accept.   A bonus and and positive feedback are also appreciated.  An ACCEPT also assures that I can assist you again.  I wish you the best in the future.  Thanks.
Customer: replied 4 years ago.
But my friend said that he read that student loans may be dischargeable if one can prove undue hardship. So you're saying my friend has no chance. Also you didn't answer the entire question: "Is it possible to re-open a BK case that is about 15 years old?" Thank you for your advice.
Expert:  dylatess replied 4 years ago.
Some districts have allowed it or extreme hardship. But California is not one of them. As to reopening, you can it go back up to six years. Sorry. Thanks for understanding. Best regards XXXXX XXXXX am glad  to help.  Please be so kind as to click the GREEN accept button as I do not get paid for my assistance unless you accept.   A bonus and and positive feedback are also appreciated.  An ACCEPT also assures that I can assist you again.  I wish you the best in the future.  Thanks.
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