Legal Question in Bankruptcy in California
1982 student loan vs 1989 bankruptcy
I declaired bankruptcy chapter 7 in 1989. which included a 1982 2000.00 student loan. my wages are about to be garnished to collect on this debt....Even the County I Filed this on does not keep records for this long....how can this be legal and how can I stop this insanity when L.A. county no longer even has the records....????
2 Answers from Attorneys
Re: 1982 student loan vs 1989 bankruptcy
I believe that LA county keeps the records in its dusty archives in Laguna Honda. You (or someone you trust) might call on that facility to see how far back the records go. A few years ago, I had to pull some old records. Obviously, the student loan should have been dischared under the old law. Good luck.
Re: 1982 student loan vs 1989 bankruptcy
Even though you put the student loan on the bankruptcy and received a discharge it does not mean that this debt was discharged. On the back of the discharge it lists types of debts that are not discharged including most student loans. Your attorney should have explained this to you at the time. It is entirely possible that you still owe the money plus a lot of interest that has accumulated over the years. If the wage assignment is causing a hardship you may ask the court to lower the amount from the maximum which is 25% of your after tax income. Or, you may borrow the money or liquidate some asset to pay it off in a lump sum. Do not expect the holder of the student loan to negotiate because they won't.