Once dismissed, a chapter 13 bankruptcy case cannot be reopened absent "extraordinary circumstances", says Rochester Bankruptcy Judge Paul R. Warren. And failure of the debtor and attorney to pay attention to warning letters and motions is, unfortunately, not what is ment by extraordinary.
Bankruptcy Judge Paul R. Warren of our local Rochester Bankruptcy court (Western District of New York - Rochester Division), is now starting to issue written opinions. Judge Warren assumed to bench in Rochester in March 2012, and for the first two years of his tenure he issued no written opinions. The judge had announced publically that he anticipated to follow the practice of "rule and roll" -- entering prepared decisions on the record from the bench but not issuing them in written form for the general public. That practice has changed significantly in the past three months.
We know that bankruptcy code Sect 513(a)(8) does not allow a bankruptcy debtor to receive a discharge of student loans.I have previously written about the definition of private student loans in bankruptcy and about the Supreme Court case related to discharging student loans through a chapter 13 plan.