Will bankruptcy stop my student loans from garnishing me?

Yes, but only for a little while.

Your student loans will not be discharged by the bankruptcy, but while the case is open, the automatic stay imposed by the bankruptcy court stops creditors from collecting against you, including student loan debts.

So, if we file a chapter 7, it buys you about 4 months of non-garnishment.  This would be a good time to work out a payment plan with those student loan creditors so that they don’t garnish you when the case is closed.

If we file a chapter 13, the case lasts for 3-5 years, stopping those garnishments for the full time period.  However, when the case eventually closes, you will need to work out a repayment plan for them.

This is not legal advice.  If you need help go to www.robertspaynelaw.com.

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