It’s important to remember that even if you have already filed bankruptcy and your case is closed, you can re-open the case and litigate the dischargeability of your student loans. Moreover, if you lose on the dischargeability claim, you would likely be able to bring up the action later down the road if your circumstances change to improve your case for undue hardship.
One of the first things to consider when determining whether you are one of the fortunate few who can discharge your student loans is whether the loans were government loans or private loans. If the loans were private loans, you must consider whether the loans were incurred solely to pay qualified higher education expenses. If the loans were private
and were used for expenses other than qualified higher education expenses, they are dischargeable.
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