QUESTION

My biggest debt is my student loans. My fear is that because I can't afford to pay them or qualify for a reduction in payments that my wages will be

Asked on Oct 26th, 2012 on Bankruptcy - Georgia
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Garnished. I am a single mom and I already live paycheck to paycheck and my questions is what can I do to help pay off some of my debt without fearing wage garnishment? Is filing bankruptcy a good option for me?
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Bankruptcy Attorney serving Burbank, CA
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Bankruptcy is one option, and may be a good one, but there are many other non-bankruptcy options available for dealing with student loans.  This includes income-based or income-contingent repayment plans on the loans, which allows you to have a very low monthly payment on the loans. If you don't immediately qualify for such programs, there may be ways to get you qualified. You can sometimes discharge student loans in bankruptcy if you can prove that repaying them would constitute an "undue hardship" on you, as that term is defined by case law in your district.  It is a difficult standard to meet.  See the 9th Circuit student loan undue hardship test.   Another bankruptcy option which won't get rid of the student loans, but will prevent them from garnishing your wages and taking other collection efforts, is to simply do a Chapter 13 case and do a monthly payment based on your budget.   You can do this for 5 years and then, if need be, file another Chapter 13 case after that and start all over. The best thing to do is consult with an experienced bankruptcy attorney in your area for an evaluation of your options. 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 Oct 28th, 2012 at 2:22 PM

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