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

Written by Steve Rhode

“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?


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.

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About the author

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.

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