I am having a bankruptcy case heard regarding my student loan. I filed and recieved a CH 7 bankruptcy. 1 year thereafter, the student loan requested I pay them. I found out the loan was not covered in the initial bk case.
Question: Can I file a "Motion to Suppress" my current financial standing and have the court only consider my financial standing at the time of the original bk case?
Student loans are very difficult to discharge. I see very few of these loans discharged and then only with permanent disability or severe permanent illness. It sounds like your income has improved and you are not suffering from a permanent disability: you would not have been able to obtain a discharge even if the student loan had been included in your bankruptcy.
You can bring any kind of motion you want, but think about it. Why do you think the court would grant it? Do you have some compelling reason? Isn't your current income is what is relevant at this time?
NOTE: The mere posting of information is not legal advice and does not create an attorney-client relationship. The reply posted above is for general informational purposes only. There are many different details, nuances and local customs that can impact the facts and the law. You are advised to seek competent legal counsel before taking any action relating to the law or bankruptcy.
Student loans are very difficult to discharge. I see very few of these loans discharged and then only with permanent disability or severe permanent illness. It sounds like your income has improved and you are not suffering from a permanent disability: you would not have been able to obtain a discharge even if the student loan had been included in your bankruptcy.
You can bring any kind of motion you want, but think about it. Why do you think the court would grant it? Do you have some compelling reason? Isn't your current income is what is relevant at this time?
NOTE: The mere posting of information is not legal advice and does not create an attorney-client relationship. The reply posted above is for general informational purposes only. There are many different details, nuances and local customs that can impact the facts and the law. You are advised to seek competent legal counsel before taking any action relating to the law or bankruptcy.
Student loans are very difficult to discharge. I see very few of these loans discharged and then only with permanent disability or severe permanent illness. It sounds like your income has improved and you are not suffering from a permanent disability: you would not have been able to obtain a discharge even if the student loan had been included in your bankruptcy.
You can bring any kind of motion you want, but think about it. Why do you think the court would grant it? Do you have some compelling reason? Isn't your current income is what is relevant at this time?
NOTE: The mere posting of information is not legal advice and does not create an attorney-client relationship. The reply posted above is for general informational purposes only. There are many different details, nuances and local customs that can impact the facts and the law. You are advised to seek competent legal counsel before taking any action relating to the law or bankruptcy.
