Legal Question in Bankruptcy in California

You're in a hole, stop digging. I would sue the attorney who represented you in your Chapter 7 for malpractice. He or she should have filed an adversary complaint to discharge the student loan. Maybe you can file for BK again in seven years. And next time get a better attorney.

Student loan is generally not dischargeable. Student loan is dischargeable only when you encounter an extreme financial hardship if you have to pay it. Example of extreme hardship such as you have permanent illnes that prevent you from obtaining a job, etc. Thus, even if you listed the student loan in your ch 7 bankruptcy, it is more than likely not dischargeable.

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.