Latest Posts
Home > Ask The Get Out of Debt Experts > Can I Still Do an Adversary Filing on My Old Bankruptcy Over Student Loans?

Can I Still Do an Adversary Filing on My Old Bankruptcy Over Student Loans?

“Dear Steve,

My wife and I filed for bankruptcy in 2005. I tried including my student loans but was told I couldn’t. I was never told about this adversary filing.

I filed for bankruptcy as a result of medical illness. At that time I was Declared legally
disabled for a closed period of time.(yes during the time of filing)

I have found my way back to full time employment but still have this debt lingering. I have made some payments but trying to take care of my family and get through our normal monthly payments this hanging over us makes life difficult.

Being so long after filing, Can I still get an adversary filing put through?

Is there a limit as to when you can file an adversary proceeding for a student loan?

John”

Don’t miss our free Get Out of Debt – “How To” Guide Series on a number of topics, for loads of practical advice, tips, and help to beat back debt. – Click Here

The Answer

Dear John,

It might be more difficult to go back eight years and file an adversary proceeding since your financial situation has changed greatly.

It seems like you’d want to explore some other way of dealing with the student loans or talk to a bankruptcy attorney about a new filing with an adversary proceeding to deal with the debt.

I don’t know enough about the type of debts you have to even know if bankruptcy is even worth pursuing. Maybe you can start with this guide.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

Can I Still Do an Adversary Filing on My Old Bankruptcy Over Student Loans?
Get Out of Debt Guy – Twitter, G+, Facebook

If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.

Can I Still Do an Adversary Filing on My Old Bankruptcy Over Student Loans? by

Share This and Spread the Word

About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

Get My FREE Get Out of Debt Guy Newsletter

It is the smart thing to do.

I promise to keep your email safe and secure.

Close

I want to keep you posted each weekday with just one email about the latest get out of debt news, scam alerts and information to beat back debt.

You can unsubscribe at any time with just one click.

After you subscribe, check your email to confirm your subscription. If the confirmation email does not appear in your inbox in a few minutes, check your spam folder for it. Sometimes it likes to annoyingly hide there.


  • It will keep you posted on the latest scams.
  • You will be alerted to the latest articles.
  • You will wind up smarter than everyone else dealing with debt.