Legal Question in Bankruptcy in Maryland

Wage garnishment for student loan after bankruptcy

I filed bankruptcy in 1994, was discharged of all debts in 1995. The collection agency for the student loan has issued a wage garnishment for the loan stating that it is not included. The issued was addressed with the trustee at hearing, no objections were made by any creditors. What actions can I legally take now?


Asked on 3/05/99, 10:24 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Garnishment for student loan after bankruptcy

If your student loan was not at least 7 years old (from the date it first came due) as of the date you filed [note-the 7-yr. rule has since been repealed], the only thing you MAY be able to try is to move to reopen the case and file an adversary proceeding seeking to have the loan discharged on grounds of undue hardship. This is a difficult burden to meet.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 3/05/99, 8:44 pm


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