You are correct, your student loans were not discharged during your bankruptcy so they can certainly garnish your wages after getting a judgment against you. Maybe you should seek to negotiate a smaller monthly payment with them.

Answer Applies to: Georgia
Replied: 11/6/2011

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Student loans will NOT be discharged after bankruptcy. That is a plague for far too many graduates in today's economy. And some are even out of school 15 - 20 years !

Answer Applies to: South Carolina
Replied: 11/1/2011

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Bankruptcy does not discharge student loans and a student loan creditor can garnish your wages even after you file bankruptcy.

Answer Applies to: Colorado
Replied: 11/1/2011

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Good question. If you have no income then there is nothing to garnish.

Answer Applies to: Georgia
Replied: 10/31/2011

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This is a huge problem in America right now. The student loan debt was not discharged and is accruing interest. This type of debt can be and is out of hand.

Answer Applies to: California
Replied: 10/29/2011

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There is nothing to garnish if you don't have a source of income.

Answer Applies to: Utah
Replied: 10/27/2011

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They will be free to pursue you as soon as your bankruptcy case is over.

Answer Applies to: Georgia
Replied: 10/27/2011

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Yes, a student loan lender or note holder can garnish your wages unless you work something out with them on payments.

Answer Applies to: Indiana
Replied: 10/27/2011

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Student loan creditors cannot garnish wages while automatic stay is in effect.

Answer Applies to: Colorado
Replied: 10/27/2011

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Student loans cannot be discharged in Bankruptcy. Maybe you can refinance the debt.

Answer Applies to: Georgia
Replied: 10/27/2011

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If you don't have a source of income, then there are no wages to garnish. However, if you do have wages, a student loan creditor can garnish them if the debt is not paid. They can only take a portion of your wages (25% in Colorado for instance).

Answer Applies to: Colorado
Replied: 10/27/2011

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The student loan lender cannot garnish your wages during bankruptcy, but can do so after the bankruptcy discharge is received.

Answer Applies to: Illinois
Replied: 10/27/2011

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A student loan lender can obtain a judgment before or after bankruptcy. There are many means of collecting a judgment under California law. Some of these are wage garnishment, levying assets such as bank accounts and the impositon of a lien on your property.

Answer Applies to: California
Replied: 10/27/2011

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Unfortunately student loan debt is not generally dischargeable. However, if you have a income hardship an adversary complaint can be filed during your bankruptcy which gives you an opportunity to attempt to convince the jduge that you will not be able to pay your student loans. This is pretty tricky and would probably require you to seek the advice of an experienced attorney.

Answer Applies to: California
Replied: 10/27/2011

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Student loans are non-dischargeable unless you are totally disabled. Once the bankruptcy stay terminates, they are free to pursue all lawful collection remedies. Deferments are liberally granted and you should probably try to get one.

Answer Applies to: Colorado
Replied: 10/27/2011

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A lender cannot garnish your wages while the bankruptcy is open. They can before and after (although you need send notice to the levying officer). Good luck!

Answer Applies to: California
Replied: 10/27/2011

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That's one of the big problems with student loans. They are almost never dischargeable in bankruptcy, so you are stuck with them for a long, long time. However, most of the lenders will work out some sort of repayment plan for you. If you just stop paying, they will get a judgment against you and can garnish your wages, just like any other creditor.

Answer Applies to: Virginia
Replied: 10/27/2011

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Yes, they can garnish your pay check following a bankruptcy. If you are having a difficult time paying anything, you should look into some of the new programs that have recently been announced that allow for lowered payments and forgiveness of the debt. The Obama administration is trying very hard to get a grip on the student loan problem and offer people solutions. You can find out more information by doing some internet searching. The President announced a new plan just yesterday.

Answer Applies to: Texas
Replied: 10/27/2011

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Once you receive a discharge and your bankruptcy case is closed, a student loan can garnish your wages. I would suggest working out a payment plan with them of putting them in deferment.

Answer Applies to: Georgia
Replied: 10/27/2011

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If the student loan is non-dischargeable then yes, they could eventually work their way to garnishment of wages. I would suggest calling the lender to see if you qualify for some forebearance or hardship repayment plan.

Answer Applies to: Arizona
Replied: 10/27/2011

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The lender will file for a garnishment and will wait til you get a job to garnish your income.

Answer Applies to: New York
Replied: 10/27/2011

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Look into alternatives like the Wm D Ford program or what Obama announced on 10/26/11.

Answer Applies to: South Carolina
Replied: 10/27/2011

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Yes. Student loans are not discharged in bankruptcy.

Answer Applies to: Virginia
Replied: 10/27/2011

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Your student loans will survive bankruptcy. But if you don't have a source of income coming out of bankruptcy, there will be nothing to garnish.

Answer Applies to: Ohio
Replied: 10/27/2011

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Bankruptcy, in most cases, will not discharge your responsibility for your student loans. You should attempt to defer or forebear the repayment of your loans if you are unable to make your payments at this time. Student loan lenders may still garnish your wages. However, in your questions you are stating you will not have a source of income, if you do not have a source of income then there is no income for the lender to garnish.

Answer Applies to: Michigan
Replied: 10/27/2011

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Yes, student loans are not discharged and gives the student loan lender the right to continue to collect. If you genuinely do not have the ability to pay then calling the lender to work out a payment or deferral is your best alternative.

Answer Applies to: California
Replied: 10/27/2011

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