Can a student loan lender garnish your wages after filing for bankruptcy? 14 Answers as of July 30, 2011

I heard that filing for bankruptcy will not discharge my student loans. But how can I be expected to pay my student loans when I don't have a source of income after filing bankruptcy?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Unfortunately, your student loans will continue to follow you no matter what
Answer Applies to: Washington
Replied: 7/22/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
After a bankruptcy is discharged a student loan debt can result in collection action, including wage garnishment. You may be able to file for an exemption to lower the garnishment payment.
Answer Applies to: California
Replied: 7/21/2011
Judith A. Runyon, Esq. Attorney at Law
Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
Yes.
Answer Applies to: California
Replied: 7/20/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, they can garnish your wages. Student loan debt is huge problem for many people. Congress toys with the idea of doing something about it but nothing has been done yet. They can even garnish your social security benefits when you begin to draw them. At least try to pay the interest so the debt doesn't get any bigger.
Answer Applies to: California
Replied: 7/20/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Yes.
Answer Applies to: Maryland
Replied: 7/20/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    There are very few exceptions to allow you to discharge your student loans. Assuming that you don't fit in those narrow categories, you will need to work with you lender and see if you can get some kind of deferral until you get back on your feet. If you are working or getting money from some source, they can generally garnish either your bank account or pay check, so be honest with them and see what they will do.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    Can a student loan lender garnish your wages after filing for bankruptcy? In Texas they cannot garnish your wages at any time. I heard that filing for bankruptcy will not discharge my student loans. That is correct. But how can I be expected to pay my student loans when I don't have a source of income after filing bankruptcy? Just because it is not discharged in bankruptcy does not mean that anyone realistically expects you are able to repay it. It just means it is not discharged in bankruptcy.
    Answer Applies to: Texas
    Replied: 7/20/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Generally student loans, because of their government backing, are non dischargeable. This means that you will still need to pay them even if you file bankruptcy. There are very narrow circumstances where, due to extreme hardship, student loans can be discharged. You will need an attorney to do this.
    Answer Applies to: California
    Replied: 7/20/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    Filing for Chapter 13 bankruptcy can stop student loan collectors for any collection actions HOWEVER it will not stop the interest from accruing.
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Has your bankruptcy been discharged? Is it a ch. 7 or 13? You can be garnished, but timing and circumstances make a difference.
    Answer Applies to: Virginia
    Replied: 7/20/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    After your discharge, when you are no longer protected by the bankruptcy stay, a student loan creditor can garnish your wages. They cannot take your entire paycheck, however. For instance, in Colorado, 75% of your wages are exempt so the creditor can only garnish 25% of your take home pay.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The can't do it during the bankruptcy case. They can and probably will do it after the case.
    Answer Applies to: Georgia
    Replied: 7/20/2011
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