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Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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I filed an adversary complaint regarding a student loan on

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I filed an adversary complaint regarding a student loan on a reopened bankruptcy. I put an amount in the demand at the time was accurate. Then I received a letter from the student loan company stating they were going to add accrued interest to the principal balance, approximately 11K. When I went to the clerk, they said the bankruptcy had been closed and I could not add the interest. What should I do?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Fritz replied 2 years ago.

Fritz :

Hi, I'd like to help you with your bankruptcy question this morning.


 

Fritz :

Was the original amount you claimed in the adversary actually discharged, or what was the result of the adversary proceeding (with the incorrect principal balance)?

Fritz :

Was this a Chapter 7 or 13 bankruptcy? Did you receive a discharge in the bankruptcy?

Expert:  Fritz replied 2 years ago.
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Expert:  Fritz replied 2 years ago.
Sorry for all of the questions. Just one more... do you know whether the $11,000 in accrued interest accrued during your bankruptcy or prior to the bankruptcy filing? Thanks.
Customer: replied 2 years ago.

The amount I claimed on the adversary has not been discharged yet. This was a chapter 7 I reopened which I had originally received a discharge. The interest accrued prior to reopening the bankruptcy but was not added to the principal until after I filed the adversary complaint.

Expert:  Fritz replied 2 years ago.

Have you tried to file an Amended Complaint in the adversary proceeding to reflect the new balance? If the clerk isn't allowing you to amend, file a Motion to Amend Complaint and let the bankruptcy judge hear it. The judge may technically have discretion to deny your Motion, but I'd be very surprised if the bankruptcy judge didn't allow it as a practical matter.

Expert:  Fritz replied 2 years ago.
You would probably have to file a Motion to Reopen your main bankruptcy case if it is currently closed. An adversary proceeding is derivative of the main case and cannot typically proceed unless the main case is open.
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Fritz and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

I have been granted a hearing next week regarding amending the demand amount. Any advice?

Expert:  Fritz replied 2 years ago.
Your basic argument would be that since the lender amended their demand (seeking additional accrued interest) after you filed the adversary complaint, you should be allowed to amend the adversary complaint to reflect the current amount of the debt you're seeking to discharge.
Customer: replied 2 years ago.

I need advice to annul my order to amend my adversary complaint. I didn't know this would cancel out the first one which I had already received a default judgement.

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