Saint Robert, MO asked in Bankruptcy for Missouri

Q: Can I file an amended bankruptcy on a debt that wasn't discharged in the original bankruptcy?

I filed bankruptcy and one of the debts wasn't discharged (it was for a distance school, no child support, not an accredited college). Why didn't it get discharged? Could a faulty address be to blame? And can I go back and amend that? Please do not put down the fact that I did it. We are very, very low income, trying to make our credit better! Thank you for your answer!

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You need to talk to a bankruptcy attorney, but you can most likely reopen and amend your petition to include that debt.

Bruce Alexander Minnick agrees with this answer

David Reese Fondren
David Reese Fondren
Answered
  • Bankruptcy Lawyer
  • Clayton, MO
  • Licensed in Missouri

A: If the debt was listed, the address is not the problem. To discharge a student loan, even non-accredited schools, requires filing a separate lawsuit in the bankruptcy court. Otherwise the presumption remains that it is not discharged. The good news is you can still file your adversary even after the discharge is granted. There is a separate filing fee to file your complaint. A bankruptcy attorney familiar with student loan cases is your best choice. These cases are normally handled hourly. You need to schedule an appointment for someone to assess your case.

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