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Wage Garnishment - Bankruptcy

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  • 05-18-2009, 05:57 PM
    Rinoawannab
    Wage Garnishment - Bankruptcy
    My question involves collection proceedings in the State of: NJ

    Back in 1997, I filed for Bankruptcy, Chapter 7 to discharge my Student Loan. I know it was discharged because the laws did not change until a year or so later. Just recently, I am being contacted by this collection agency and now they are trying to garnish my wages. I keep telling them that my loan was discharged but they keep telling me it wasn't. They said because I was not in default for "7 years" (I was in default for "6"), the loan was not discharged. Is this true? I can't go back and sue the attorney for not advising me of this "law", if this is even true, and now I am stuck with a loan I thought was discharged?! Ironically, I am filing for Chapter 7 again this year, and I know it's too late to get this loan discharged, but I do believe that they have no right to collect or contact me while my bankruptcy was just filed and pending. On top of that, the amount they have listed exceeds the original loan by $10,000.00 and I have already paid them the "principal" amount before filing for Bankruptcy. It's the interest, collection fees, etc., that they are looking for. Is there anything I can do?
  • 05-20-2009, 11:04 AM
    Mr. Knowitall
    Re: Wage Garnishment - Bankruptcy
    You can check the court order from your bankruptcy to see if it was explicitly discharged; I expect not. If not, you can bring a motion before the bankruptcy court to clarify the prior ruling and specifically declare your student loan discharged, assuming that's what the court did. Your current bankruptcy lawyer should be able to advise you.
  • 05-22-2009, 03:52 PM
    Rinoawannab
    Re: Wage Garnishment - Bankruptcy
    If my memory serves me right, I only received one sheet of paper from the Court stating that all my debts were discharged. It did NOT list any debts there were NOT discharged. I guess I can always contact the Court and ask for another copy since I seem to have misplaced it.
  • 06-03-2009, 03:15 PM
    cuzim2nyce
    Re: Wage Garnishment - Bankruptcy
    if anyone here is in default...or having trouble paying thier loans back...i was once in default and i came across the Student Loan Relief Organization... www.slro.net ....and they got me out of default and my wages stop getting garnished. then they put me on an affordable monthly plan by working it out with my lender (Sallie Mae). whether you have private or federal loans they work with both.
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