Many people file bankruptcy, receive a discharge, and only later learn that their student loans weren't included. If that's you, the door may still be open.
If your case is still open
If your Chapter 7 or Chapter 13 case is still open, a student loan adversary proceeding can be filed in that case. You don't need to change your bankruptcy attorney. We can handle just the student loan portion, working alongside the attorney who filed your case.
If your case is closed
In many situations, a closed bankruptcy case can be reopened for the purpose of filing a student loan adversary proceeding. The court generally allows this because the question of whether student loans can be discharged may be raised at any time.
Whether reopening makes sense depends on your case. For example, if there are other unresolved issues in your original bankruptcy, reopening it may raise more than the student loan question. We'll review your case history before recommending this step.
A note if Brian Shapiro was your trustee
Mr. Shapiro also serves as a Chapter 7 bankruptcy trustee. If he is the trustee in your case, he generally cannot represent you in your student loan case while it is open. If your case is closed and a final decree has been entered, he may be able to seek to reopen it and handle your student loan matter, as long as there are no other outstanding issues in your original case.
What we'll need
To review an existing or closed case, we'll ask for:
- Your bankruptcy case number
- Your petition, schedules and statement of financial affairs
- Your discharge order, if you received one
- Your studentaid.gov loan summary
What it costs
Our flat fee for a student loan case through the attestation process is $2,500, payable over time. Call 702-386-8600 for a free consultation.