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.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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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