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Help With Student Loans in Bankruptcy

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  • 08-21-2007, 03:44 PM
    techgeek40
    Help With Student Loans in Bankruptcy
    This is embarrassing but I need help in the worse way.

    I filed bankruptcy in February of this year and it was finally discharged in Aug 08. Now, I included a student loan in the bankruptcy even though the laws have changed on that. The research I did stated a judge may allow a student loan if it proves to be a financial burden on the family; which in this case it would.

    While I know my bankruptcy is discharged I don't know what has been discharged. The clerk of courts told me to get in touch with the trustee and find out - but so far I have heard NOTHING about it.

    Right now I am being threatened with wage garnishment if I do NOT agree to pay $413 a month. The person that called me stated that they have not received no notice about whether or not the student loan was allowed or not, but that they will file a motion to garnish my wages at $600 a month.

    I need help. BAD – I can't afford for them to do that. I have tried and asked for $200 a month but they said no good. If they take more than that I will lose everything – I simply can't afford that.

    I have NO idea where to turn. Is there ANY agency that can help with this? Is there anybody that I can turn to?

    I just feel like I am being bullied

    HELP PLEASE
  • 08-21-2007, 11:06 PM
    Betty3
    Re: Help With Student Loans
    You indicated you filed bankruptcy this year in Feb. (I assume chapter 7) & it was finally discharged in Aug. '08 -- do you mean Aug. '07?

    Student loans normally are not discharged under bk - re "undue hardship" request to discharge you have to convince the judge of this by meeting certain requirements. Did you do this? You need to check with your trustee to see just what was discharged. Is this a government backed student loan?

    If it wasn't discharged, if they get/have a judgment against you for the loan, they can do whatever is allowed in your state (you didn't give the name of your state) to collect on it (ie garnish wages if allowed, seize non-exempt assets).
  • 08-22-2007, 09:24 AM
    techgeek40
    Re: Help With Student Loans
    My wife and I filed in Feb 08 and due to the finance management classes and other things that were required - we finally got it discharged in Aug 08

    We do live in Florida and I did get a Gaurnteed Student loan.
  • 08-22-2007, 09:53 AM
    Betty3
    Re: Help With Student Loans
    techgeek40[QUOTE]My wife and I filed in Feb 08 and due to the finance management classes and other things that were required - we finally got it discharged in Aug 08

    We do live in Florida and I did get a Gaurnteed Student loan[QUOTE]

    So you are saying you filed for next year ('08) & already got a next yr. discharge - I didn't know you could file for a date in the future & already get a discharge for a date in the future. Are you sure you don't mean this year '07?
    This sounds like a loan that prob. was not discharged but talk to the trustee.
    Fl. has a head of household exemption from wage garnishment if certain requirements are met: You provide more than 1/2 of the support for a child or other dependent & have net earnings of less than $500.00 a week or you provide more than 1/2 the support for a child or other dependent, have net earnings of more than $500.00 a week but have not agreed in writing to have your wages garnished. However, they can seize other non-exempt assets.
  • 08-22-2007, 02:42 PM
    techgeek40
    Re: Help With Student Loans
    No Feb 07 - Discharge 07
    Don't mind me - I'm a retard - GRRR
    Sorry for the cofusion
  • 08-22-2007, 03:27 PM
    techgeek40
    Re: Help With Student Loans
    I don't know if I qualify for head of house
    My wife and I both work
    We have two kids - though I make more money than she does
    And no - I have never signed something saying they can garnish my wages
  • 11-26-2007, 11:53 PM
    dumbquestion
    Re: Help With Student Loans
    Quote:

    Quoting Betty3
    View Post
    Fl. has a head of household exemption from wage garnishment if certain requirements are met: You provide more than 1/2 of the support for a child or other dependent & have net earnings of less than $500.00 a week or you provide more than 1/2 the support for a child or other dependent, have net earnings of more than $500.00 a week but have not agreed in writing to have your wages garnished. However, they can seize other non-exempt assets.

    Hey, I live in FL, want you to quote the code that governs your statement. I am not married but provide for both my girlfriend (not currently working) and 6yr old. I take home more than $500/wk, but would never have agreed to a wage garnishment. Threats from a creditor about garnishing my wages due to a student loan have me wanting to file BK, but if it can't be discharged what's the point? They don't have a judgement either, but claim the law allows them to just file a garnishment order with my employer and they must comply. Why is this? What law gives them this right w/o a hearing or oppty to dispute? And how to I prevent their garnishment using Head of Household exemption?
  • 11-27-2007, 09:07 AM
    aaron
    Re: Help With Student Loans
    You should start your own thread, and state your question clearly. Thanks.
  • 12-05-2007, 04:03 PM
    6ftsoccermom
    Re: Help With Student Loans in Bankruptcy
    I filed in July 07
    I had my 341 meeting Aug 07
    I had my last day for objections 10-28-07
    I,m waiting for the discharge.

    I have a student loan also. I live in Illinois. Ill Student Loan folks told me that they would adhere to the automatic stay until the bankruptcy is discharged and they are willing to work with me to pay back an amount that I can afford. You said they told you NO on a payment plan you worked out with 200.00 a month. I can not understand that especially since the whole idea is to pay back what is owed. Also, is this a government loan or one through one of those new companies that they are advertising that will give you a student loan to pay for college ex: Astride. The government usually works with folks. They do not seem to be hard nosed about it, but if its some jacked up company.....you may have a problem.
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