Expert: Mark J. Markus- California Bankruptcy Attorney - 1/10/2008

Question
I Filed Bankruptcy in 1988. there was a student loan for 8,000.00 that was
listed. I have gone through the HESC taking taxes returns and then stopping once
i have faxed over the Bankruptcy paperwork. now they are back and say the debt
is now 24,000.00. they have listed my employer and say thay are going to
garnish. what can i do quickly. i must answer by Jan 22,2008. in 1988 i lived in
California. Central district court. i now live in New york.

please help!!!

My question is how do i stop them from Garnishing and stop them once and for all. do i have anby recourse??? i filed Bankruptcy in 1988 and went through hell. i thought it was over.

Answer
Well, this all depends on whether or not the student loans were discharged in your prior bankruptcy case.  I'd have to research the law that existed in 1988 (which is no easy task), but I believe that in order to discharge student loans then, they must have been in repayment status, exclusive of any forebearances or deferments, for at least 5 years prior to filing your bankruptcy case.  If that had not occurred, then they were not discharged.  If they were discharged, then you may need to reopen your bankruptcy case and seek a contempt of court ruling against whoever is taking the collection action.   Without more facts and documentation regarding the exact dates of the loan payments, etc., that's about all I can tell you for now.