QUESTION

How can I stop a garnishment on a student loan?

Asked on Feb 20th, 2013 on Bankruptcy - Nebraska
More details to this question:
I have a principal balance of $6,571.93, interest of $13,831.40, fees & costs of $4966.13. Total balance of $25,369.46. I am willing to make payment arraignments but a collection agency is requiring that I make $255.00 per month payments which I can not afford. Please help. i don't know what I can do. Thanks.
Report Abuse

1 ANSWER

Bankruptcy Attorney serving Burbank, CA
Reviews not shown
3 Awards
If you are unable to work out payment arrangements outside of bankruptcy, filing a Chapter 13 bankruptcy case will enable you to stop the garnishment and make monthly payments that you can afford (although $255 per month is pretty low already).   Student loans are not dischargeable in bankruptcy unless you can prove undue hardship, which is difficult to do.   Attorneys fees would run $5,000-$10,000 to litigate an undue hardship action.  If you can afford that, then doing a Chapter 7 case might be an option to consider. Regardless, you should have a consultation with an experienced bankruptcy attorney in your area for more information. 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.  
Answered on Feb 21st, 2013 at 12:05 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters