How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney T. Lodge Your Own Question

Attorney T. Lodge
Attorney T. Lodge, Attorney
Category: Bankruptcy Law
Satisfied Customers: 45
Experience:  10+ Years Experience Chapter 7 and Chapter 13 Attorney
Type Your Bankruptcy Law Question Here...
Attorney T. Lodge is online now
A new question is answered every 9 seconds

my student loans are in default and I just received notice

Customer Question

my student loans are in default and I just received notice of wage garnishment in 20 days. how can i fight this? I looked into income contingent repayment, but it does not account for my child support and child care that comes out of my income before I receive it. can you help?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  NYCLAWYER replied 5 years ago.
Your limited recourse here is to contact the creditor and work out an alternative payment plan. This is a situation where absent a defense you can only try to further negotiate with the creditor. Consider suggesting small payments followed by a larger baloon payment.
Customer: replied 5 years ago.
My loans are in default, why would the creditor care about working with me? they just want one lump sum payment. And if the government is about to take 15% of my income to pay them then why would they care to settle for less? I am looking more for advise on proving undue hardship, or using bankruptcy to prove undue hardship to eliminate the debt.
Expert:  NYCLAWYER replied 5 years ago.
student loans wont be dischargeable in bankruptcy. You are correct that the lender need not work with you but if cant collect more by other means, it may be more willing to accept a revised payment plan. Obviously, it is not a certain route as you mentioned.
Customer: replied 5 years ago.
THERE IS A WAY TO GET BANKRUPTCY TO COVER STUDENT LOANS IF YOU CAN PROVE UNDUE HARDSHIP AND PASS A SERIES OF PRONGED TEST THE COURT SYSTEM IN YOUR STATE HAS TO PROVE THE LOANS FALL UNDER THIS CIRCUMSTANCE. SO, IT MAY BE RARE BUT IT IS POSSIBLE. I WAS LOOKING FOR INFORMATION ABOUT DOING THIS OR ABOUT ASKING THE DEPARTMENT OF EDUCATION FOR A WRITE-OFF. YOU HAVE NOT BEEN ABLE TO GIVE ME ANYTHING DETAILED ABOUT GOING THESE ROUTES AND HAVE ONLY GIVEN ME BASIC ANSWERS WITH INFO I ALREADY KNEW.
Expert:  NYCLAWYER replied 5 years ago.
I will refer your question to bankruptcy counsel for further comment.
Expert:  Attorney T. Lodge replied 5 years ago.
Typically, it is very rare for student loans to be considered "dischargeable" in a bankruptcy proceeding. In a Chapter 7 proceeding you (or your attorney, prefably when you have counsel) will need to file an adversary proceeding against the holder of the student loan that specifically is termed a "Motion to Determine Dischargeability."

In court, you will need to prove through evidence that you cannot maintain a minimally adequate standard of living if forced to repay the student loan. This will usually require a showing of extreme hardship (ie: severe disability, etc.).

Many of the circuits follow the standard in the Brunner case in making these decisions. Still other circuits will require a partial repayment if a partial repayment can be made without imposing substantial hardship upon the debtor.

Unfortunately, there is no magic formula in making a determination of whether your particular loan may be discharged through this type of proceeding. You are well advised to consult with a local bankruptcy attorney who may be more familiar with the practices and procedures of your local court.

Good Luck.
Attorney T. Lodge, Attorney
Category: Bankruptcy Law
Satisfied Customers: 45
Experience: 10+ Years Experience Chapter 7 and Chapter 13 Attorney
Attorney T. Lodge and 2 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.