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  1. #1
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default 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).

  2. #2
    Join Date
    Aug 2007
    Posts
    4

    Default 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.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default 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.

  4. #4
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Help With Student Loans

    No Feb 07 - Discharge 07
    Don't mind me - I'm a retard - GRRR
    Sorry for the cofusion

  5. #5
    Join Date
    Aug 2007
    Posts
    4

    Default 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

  6. #6

    Default 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?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Help With Student Loans

    You should start your own thread, and state your question clearly. Thanks.

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