Chapter 7 Student loan

[Batiatus]

Hi batiatus,

I think Explorer1234 has the perfect solution.....have your wages garnished for the alimony, child support, and student loans. Check w/ a lawyer, but I believe the student loans take a back seat to the court-ordered alimony and child support. (the child-support for sure) In fact, with limits on garnishment, there might not be enough of your wages for the alimony and child support and the student loans get zero. What you need to watch out for is a three-way split of the garnishment that leaves you making up the balance of alimony and child support out of your checking account. Need a lawyer on this for sure, there are a lot details to attend to !!

btw, what was the outcome of your adversary proceeding?

What is a "case management hearing" ?? Who are you meeting with?

Good luck with everything,

Tom in Colo

Hi I have my Case Conference managment on Augt 23rd this is what I got in the mail Iafter I filed the adversary proceeding. Its teleconference with sallie mae for my student loan ecmc for the federal loans. Can you guys please let me know what to expect? Do I need to submit anything prior to the conferecne. I sent a letter of proof of income and child support to both lawyers and a copy to the court a few months back. Please advise and thanks for all your help

[tcreegan]

student loans

Hi batiatus,

I think Explorer1234 has the perfect solution.....have your wages garnished for the alimony, child support, and student loans. Check w/ a lawyer, but I believe the student loans take a back seat to the court-ordered alimony and child support. (the child-support for sure) In fact, with limits on garnishment, there might not be enough of your wages for the alimony and child support and the student loans get zero. What you need to watch out for is a three-way split of the garnishment that leaves you making up the balance of alimony and child support out of your checking account. Need a lawyer on this for sure, there are a lot details to attend to !!

btw, what was the outcome of your adversary proceeding?

What is a "case management hearing" ?? Who are you meeting with?

Good luck with everything,

Tom in Colo

[Exployer1234]

Are you eligible for hardship? I think you may need to be in current status with the loans. If you are not eligible for this tell them to start a wage garnishment on your pay. I believe the most the student loan companies can take is 15%. That means both companies would have to divide the 15% between them both and can only last a couple of years. I remember reading one thread from a member here that finally got this to occur. Also they would only be able to access this money after your child support is paid, so intern they may not even be able to take the 15% out if there is not enough meaning. What this means is that even if they get a judgement against you they would not be able to collect.

[Batiatus]

Hi Everyone. I filed for CH 7 pro se back in March and it was discharge last May. I also filed advesery proceedings for my Student loan about $70K.

My Student loans were disbursed on 2005 - 2006

Sallie Mae is willing to do $138/month for my $28K Private loan
Stundent Services wasnt $300/month for my federal loan

I have my case managment conference in August 26. What am i suppose to do?

my AGi for 2009 is $68K. I got divorrrce in 2008. I pay $1500 for my alimony and four kids ages 9, 6, and the twins are 4.

I also have another kid from another relationn age 10 which I pay $426/month

I'm also paying health insurance about $900/month and trying to support my family specially my dad and mom who doesnt have a job. My dad had a spine surgery last march.

I dont know what to since if I start paying I might end up on the streets. I have one car thats has 200K miles

Any suggestions would be greatly appreciated