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I am a garrantor on a private student loan with my daughter.

Customer Question
I am a garrantor...

I am a garrantor on a private student loan with my daughter. she has filed chapter 13 bankruptcy. they are garranishing my pay. do her filing chapter 13 also protects me and should it bring an immediate halt to the wage garranishment?

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Georgia

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

Yes the garranishment

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The plaintiff filed a garrinishment in 2015 in magistrate court. The court closed the case and place a stat because of my daughter chapter 13 filing. I was released from the garrinishment in magistrate court because of her chapter 13 filing. She change the chapter 13 to a chapter 7 and now has change it back to a chapter 13. filing in m

Submitted: 3 months ago.Category: Bankruptcy Law
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Answered in 5 minutes by:
3/21/2018
Bankruptcy Lawyer: NYCLAWYER, Attorney replied 3 months ago
NYCLAWYER
NYCLAWYER, Attorney
Category: Bankruptcy Law
Satisfied Customers: 62,848
Experience: LICENSED NY AND NJ BUSINESS LAWYER
Verified

Hello and welcome. I am working on your answer and will be right back!

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Bankruptcy Lawyer: NYCLAWYER, Attorney replied 3 months ago

I am afraid it does not. They bankruptcy applies to her only. The creditor can pursue you and need not wait.

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Customer reply replied 3 months ago
I am in the state of Georgia
Customer reply replied 3 months ago
She filed a chapter 13
Bankruptcy Lawyer: NYCLAWYER, Attorney replied 3 months ago

understood, but it doesnt apply to you as far as a stay. creditor may settle with you though and you may look to contest the guarantee in court.

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Customer reply replied 3 months ago
It did in magistrate court,
Bankruptcy Lawyer: NYCLAWYER, Attorney replied 3 months ago

and did the court vacate it?

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Customer reply replied 3 months ago
Her chapter 13 plan provides for full payment.
I am the cosigner
Bankruptcy Lawyer: NYCLAWYER, Attorney replied 3 months ago

The creditor cannot collect twice, so if there is a plan in place for full repayment, it cannot doubly recover from you

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Bankruptcy Lawyer: NYCLAWYER, Attorney replied 3 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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