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Bankruptcy Law/Private Student Loans

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Question
I have tried to negotiate with the collection agency on lowering my payments but they would not budge. I'm now sending them payments but not the amount they requested. If I were to send $600 a month I would be in economic hardship. I want to know will they send me a letter stating that my wages will be garnish or will they go ahead and do it without notifying me in a formal document? Also, will they still take me to court because I'm not making the payments that they requested?

Answer
They cannot garnish you without getting a judgment.  If they have a judgment, they can garnish and do not need to send you a formal documents before acting.  The loan is not easily discharged in bankruptcy, unfortunately.  I suspect that if you send them payments they will not sue although I could not guarantee that.  Sorry.

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Volunteer


Michael T. Hertz

Expertise

I am already listed as a volunteer under "Collections Law," but actually I am a bankruptcy lawyer. I am a member of bar in California and in Massachusetts and have practiced in bankruptcy since 1978 and have also taught bankruptcy law at the law school level (in Maine and Oregon). I can answers questions with respect to all bankruptcy chapters, having represented creditors, debtors, trustees, creditors committees, and persons involved in defending actions in bankruptcy court.

Experience

See above. Basically, 33 years of experience.

Organizations
inactive member of State Bar of California; inactive member of bar in Massachusetts; former member of bar in Maine; former conseil juridique in France.

Publications
California Bankruptcy Law Review; Georgetown Law Journal; numerous others. See my resume.

Education/Credentials
Harvard Law School, J.D.; Pomona College, B.A.

Awards and Honors
Superlawyer in Northern California, 2005 and 2006

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