What to do if I filed Chapter 7 last year but tuition and fees from a university weren’t included in the list?

UPDATED: Oct 8, 2013

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What to do if I filed Chapter 7 last year but tuition and fees from a university weren’t included in the list?

I called the school today to get my transcripts and they said in order to get rid of debt they wanted a copy of my discharge letter and the list stating that they were also discharged. Here is the problem, 2 years ago they soled my debt to a collection agency and the collection agency never reported the debt to my credit report and of couse long forgotten I am stuck in this dellema. What can I do it my case was discharged last year and I cant afford to pay off $9,800 I didn’t even recieve my degree I am 1 credit from my bachelor’s degree I am nervouse please help?

Asked on October 8, 2013 under Bankruptcy Law, California


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

If the debt was not listed, you can file a motion to re-open the case to include the creditor.  A new filing fee would be required.  In some jurisdictions, the innocent omission of the creditor may still result in a discharge of the liabilty.  Consult with an attorney to determine your next step.  It would be more cost effective than paying the school the 9K.  Understand that if the debt is in the nature of a student loan, it is probably not covered by the discharge in any event.

Good Luck

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