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Seven year rule


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Posted by Pete on June 11, 2001 at 08:03:10:

I filed banruptcy in 1997. At the time, my attorney informed me that my student loans which matured in 1984 could not be included in the bankruptcy and failed to include them. I wanted to include them as they were my largest debt (approx $39,000) and paying them would cause an undue hardship.

I recently was told that since my bankruptcy was filed prior to 10/8/98 that my student loans should have been included in the bankruptcy because they had been in repayment for more than seven years. My questions are as follows:

(1) Could my student loans have been included?;
(2) If so, can I re-open my bankruptcy to add the student loans?;
(3) If they should have been included but I can not re-open the bankruptcy, what recourse do I have?
(4) Is there a statute of limitations for professional malpractice in the State of Maryland?


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