Because student loans are not dischargeable in any bankruptcy case unless you file an adversary complaint and prevail at trial in proving "undue hardship" as that term is defined by the courts in your jurisdiction. Undue hardship discharge of student loans are very difficult to obtain and require truly severe circumstances. It's difficult enough to prove the required elements in a Chapter 7 case. In a Chapter 13 they would be even more difficult.
I suppose you could theoretically reopen your Chapter 13 case to litigate the undue hardship claim on your student loan (assuming you have facts which would justify bringing that action).
You need to consult with an experienced bankruptcy in your area about the costs and requirements.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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