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Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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I file for chpt. 13 in98 then completed it in 2006, which , ...

Customer Question

I file for chpt. 13 in98 then completed it in 2006, which , i''d added (ECMC),EDUCATIOAL CREDIT MANAGEMENT COPR. AFTER I''D FINISHED THE PLAN I FOUND MYSELF IN AN BATTLE WITH THEM! THEY DEMANED PAYMENT.BY LETTERS SENT TO ME AND MY EMPLOYER STATING FEDERAL LAW.I''M A VET. AND I USED MY G/I. BILL TO PAY FOR MY EDUCATION ALONG WITH PELL GRANTS, AND TWO SMALL FEDERAL LOANS IN THE AMOUNT OF NOMORE THAN $4,000 EACH. THEN I START RECIVING MORE AND MORE FROM PLACES OR LOAN PROVIDERS I DON''T KNOW! MY PAYCHECK HAVE BEEN LEVIED AND IT CONTINUES TO THIS DAY AND ANY AND ALL INCOME TAX RETURNS ALSO BEEN GARNISHED! THESE OTHERS HAVE BEEN ADDED TO ECMC THEY WERE NOT FEDERAL I BELIEVE!
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 6 years ago.

Hi Leroy:

Sorry to hear about your garnishment. Have you told your bankruptcy attorney what is going on?

Assuming the loans they are garnishing are legitimate loans...

It is true that student loans of all types are not discharged under the new Bankruptcy Code, but the old Code which applied to cases filed in 1998 would allow some student loans to be discharged (not many, but some).

I had a client who filed under the old Code and the student loan lender came after him after discharge, and I told them I thought it was discharged since it was not a federal loan and was not made by a public entity (more or less), and they said they think the general language in the old Code protected them, so we ended up settling for half so neither side had to fund litigation on the matter.

I'm not saying this type of resolution would work for you since I do not know the details of your situation, and even if I did I cannot speculate about what may happen since it is unlawful to give legal advice in this forum, only general information, but I would talk to my bankruptcy lawyer if it was me.

If it is not a legitimate creditor...

If whoever is garnishing your wages is not an actual creditor, then you definitely should contact a lawyer right away so they can try to get the garnishment stopped.

Do you know if the two federal student loans for $4,000 each were ever paid? If not, it may be those loans which were sold to some creditor whose name you don't recognize coming after you. Federal student loans are generally not dischargeable under the old or new Bankruptcy Codes, so if that is who is garnishing you, you may be in trouble.

In any case, not to sound like a broken record, but I suggest you contact your attorney soon before they get any more money from your wages if they are illegitimate or discharged loans.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

Joe

P.S. Thank you for your military service.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above (c) by Joseph Ross, all rights reserved.

 

JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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Customer: replied 6 years ago.
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> I recently, received an answer from Mr. Joseph Ross on July 06, 2008.dealt with
chpt.13 filing in 1998 and completing the plan in may 2006, then educational loans
started to come after me! I don't have an bankruptcy lawyer,and would like to have help
to possibly sue or settle this matter!

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Expert:  JoeLawyer replied 6 years ago.

Leroy:

You will need to find an attorney who practices in your jurisdiction to assist you is a lawsuit/settlement.

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above (c) by Joseph Ross, all rights reserved.

Customer: replied 6 years ago.
DO YOU PACTICE IN THE STATE OF CALIFORNIA? I LIVE IN SAN DIEGO, CA. WHAT SHOULD I DO? ACTULLY, MY BANKRUPTCY ENDED IN 2003, AFTER I'D RECHECKED MY COMPLTETION LETTER FROM U.S. BANKRUPTCY COURT,SOUTHERN DISTRICT OF CALIFORNIA,JACAB WEINBERGER U.S. COURTHOUSE,325 WEST F. STREET,SAN DIEGO,CA.92101-6991, MY CASE NUMBER:98-02432-JM.CHAPTER 13,JUDGE JAMES W.MEYERS. CAN YOU ASSIST?

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