Student Loans, Timothy Kingcade Posts

College Student Debt Relief Could Reach $3.2 Billion

More than 3,000 former Corinthian College students can expect to see their student loan debt erased. This marks the first wave of debt relief in relation to the fall of the for-profit higher education chain. In the event that all Corinthian students seek relief, taxpayers can expect to be hit with a $3.2 billion bill.

Nearly 12,000 students have sought discharge of their college loan debt from the federal government. According to the Education Department, many students have claimed that their school has either closed down or they were misled about job prospects. Approximately 3,100 closed-school claims have already been approved, totaling around $40 million in student loans, the department said.

Ted Mitchell, Education Undersecretary stated that proper processing of the remaining claims will take some time, if it is done right. While these figures are unprecedented, these numbers only represent a fraction of the students who might qualify for debt relief. For many students, the relief cannot come fast enough as they struggle to make ends meet while paying their student loans.

Recently, more students are claiming to be victims of fraud and are actively submitting what is known as “borrower’s defense” claims. As of late last month, the majority of nearly 12,000 claims have been Corinthian-related. For the Department of Education, this situation ventures into new territory. Over the past 20 years, officials could recall only five borrower defense cases. Mitchell has been appointed as the department’s new “special master” for debt relief. Approximately 350,000 students have attended Corinthian schools over the past five years, which means there will be more claims to come.

The Obama administration has stepped in to curb the issues surrounding the for-profit college industry. The administration says that the for-profit industry relies too heavily on federal student loans and often misleads students. Investigators have discovered that Corinthian schools charged exorbitant fees and blatantly lied to their students about job prospects.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:

http://www.columbian.com/news/2015/sep/06/college-student-debt-relief-could-hit-3-2b/

Student Loans, Timothy Kingcade Posts

Corinthian Colleges Student Debt is Cancelled by Department of Education

This past February, America’s first student debt strike took place when 15 former students of Corinthian Colleges Inc. joined forces. The students refused to pay their student loans, claiming that the degrees they had earned were worthless and the company had used fraudulent marketing and recruitment practices. Other students also joined the strike and soon organizations like the American Federation of Teachers and Jobs with Justice had endorsed the students’ cause.

In May, Corinthian filed for bankruptcy. Arne Duncan, Education Secretary discussed the debt relief plan for some former Corinthian students. According to Duncan, Corinthian brought the ethics of payday lending into higher education and preyed on vulnerable students, leaving them with debt they could never pay. In fact, a third of Corinthian students came from families that earned less than $10,000 per year.

For the strikers, this was a grand victory. However, many feel that the Education Department has not done enough to fully correct the situation. Unfortunately the department is not issuing a complete discharge of debt to all former Corinthian students, which means some students may be left out. To receive relief, most students will have to apply individually and will be required to furnish transcripts and other documents that may be difficult to obtain, since the campuses have shut down or been sold. They must also spell out what parts of a state law that Corinthian violated in their particular case.

For many of the students, this has proven to be complicated and confusing for them. The Education Department has not advised the students of their options and many Corinthian students are not even aware of the debt relief program. In a recent report by the New York Times, only 6% of students have asked for debt cancellation. It seems that the Department of Education does not want to cancel potentially millions of student loans, however many find it absolutely necessary.

This is not the first time Corinthian has come under fire. Corinthian has had a long history of past allegations against them. In 2014, the Education Department accused Everest College of lying to students about job placement rates and briefly cut off federal funding to Corinthian.  However, after the company said it could not survive even a few weeks without the public money, the Education Department continued funding Corinthian while they sought a buyer. That same year, the federal Consumer Financial Protection Bureau (CFPB) sued the company for operating a predatory lending scheme.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:

http://www.latimes.com/opinion/op-ed/la-oe-0623-taylor-corinthian-colleges-loans-20150623-story.html

 

Student Loans, Timothy Kingcade Posts

Issues with Today’s Student Loan Reform

Student loan debt in America has been a topic of concern for years and now it appears to have spiraled out of control. The government’s Department of Education is one of the largest money lenders in the country, with a $1.2 trillion portfolio of student debt. This figure rivals the entire loan business of mega-lender, JP Morgan Chase.

With so many Americans taking out student loans to help pay for college and graduate school, some are concerned as to how these loans are being handled. Contractors hired by the government have often mishandled payments or provided incorrect information, causing students to miss out on repayment programs that could have saved them money or protected them from defaulting on their loans

In 2015 alone, over 30,000 borrowers complained to the Consumer Financial Protection Bureau about servicers losing paperwork, giving inconsistent information or neglecting to advise them about their repayment options. A Georgia woman contacted her lender to ask about the Public Service Loan Forgiveness program, since she worked as a full-time professor at Kennesaw State University. She was told that she qualified for the program, yet for months her lender neglected to advise her of additional steps she needed to take in order to receive the aid.

President Obama plans to vastly improve America’s student loan system by allowing the government to lend directly to students, instead of issuing loans through the banks. In 2010, Obama declared that $60 billion was saved by ending the bank-based lending program. The president then channeled over half of these funds into Pell Grants for underprivileged students to attend college.

Americans are also concerned about whether the federal government is making money off student loans. While student loans offer lower interest rates than the typical bank loan, many feel that it is still a money-making business. Some federal loans have interest rates as high as 7% in addition to origination fees.  Borrower requirements for obtaining a federal loan are very lenient and applicants may receive up to the full cost of tuition, provided they have not recently defaulted on a loan, declared bankruptcy or have any other severe marks on their credit report within the last two years.

Earlier this year, Obama signed the Student Aid Bill of Rights, which outlined ways to improve the servicing of student loans. The department must create a new website that allows borrowers to file complaints and provide feedback about federal student lenders, servicers and collection agencies. It also must establish a central point of access for those who are repaying their federal student loans, so they may view their accounts and track their payments.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:

http://www.washingtonpost.com/business/economy/how-the-education-department-turned-into-a-massive-bank/2015/08/23/7618f2fa-1442-11e5-9ddc-e3353542100c_story.html

Debt Relief, Student Loans, Timothy Kingcade Posts

Dept. of Education Takes Action Against Student Debt Relief Scams

Debt relief scams are nothing new, but now borrowers struggling to pay back their student loans are being targeted. Those with student loan debt should be especially wary of offers that sound too good to be true.

A recent video published on YouTube by the Department of Education, discusses the risks associated with these scams and warns borrowers about these so-called debt-relief companies.

These student loan debt relief scams target borrowers with mailings, search engine ads- even social media ads that appear to be affiliated with the Department of Education. Through deceptive marketing practices, these companies claim to offer borrowers the opportunity to get them out of default, consolidate their loans and lower their monthly payments for a fee.  It is important that borrowers know, these same services are offered by the Department of Education — for free.

In the video, Secretary of Education, Arne Duncan explains, “Many of these debt relief companies are charging exorbitant fees for these services. Please remember if they’re saying they can cancel your loans or reduce your loans but only for a cost, that is never the case. You can always work directly with us and that should always be free.”

Millions of student loan borrowers are in default and struggling to stay current on their payments. These individuals are especially vulnerable. Members of the Financial Protection Bureau have argued that servicers who manage repayment for federal student loans, have allowed these debt relief scam companies leverage because borrowers are uninformed about the free government programs that make payments more manageable.

According to a report earlier this year by MarketWatch, desperate borrowers are lured into signing up for these debt-relief scams despite the exorbitant fees. In an effort to prevent borrowers from signing up with these companies, Department officials are publicizing Duncan’s video on Twitter, Facebook and YouTube. The Department is also working with servicers to ensure that they are providing borrowers with enough information to make informed decisions about their loans.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:

http://www.marketwatch.com/story/dept-of-education-takes-aim-at-student-debt-relief-scams-with-new-video-2015-08-27

 

Debt Relief, Student Loans, Timothy Kingcade Posts

How Student Loans Impact your Credit Score

Certain factors on a consumer’s credit report are used to calculate their credit score.  These factors include payment history, debt levels, age of credit and debt diversity. If student loans are properly maintained, they can actually have a positive impact on your credit score. For those who have yet to establish a credit history or build revolving credit, managing your student loan debt properly can assist with this.

The Credit Card Accountability Responsibility and Disclosure (CARD) Act of 2009, requires young consumers to prove their financial ability to repay debts, in order to obtain a credit card. Timely payments made on your student loans can also improve the diversity of your credit profile.

As with many other forms of credit, applying for private and certain federal student loans will result in a “hard inquiry” on your credit report. A hard inquiry and a new account may cause your credit score to drop by a few points, but only for a short amount of time.  Fortunately, student loan inquiries will be “de-duplicated” on credit reports, allowing multiple inquiries within a small period of time.

Student loans can be an excellent opportunity to strengthen payment history. Making on-time monthly payments during the student loan repayment process can vastly improve your credit score. Alternately, making any late payments or defaulting on the loan will hurt your credit score.

The principle amount owed on student loans has little impact on your credit score. The payment history is where the greatest impact is made. Make sure to take on a manageable debt load and also utilize loan repayment assistance when available. You can also keep track of how your student loans impact your credit by monitoring your credit report. Each year, you are entitled to a free credit report from each of the three major credit bureaus.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:

http://www.credit.com/credit-scores/how-student-loans-can-impact-your-credit-score/

 

Bankruptcy Law, Student Loans, Timothy Kingcade Posts

Today’s Student Loan Debt Crisis Examined

Today’s Student Loan Debt Crisis Examined

Many consumers face financial struggles because of student loan debt and the numbers keep rising. This year’s graduating class held an average student loan debt amount of $35,000 for a bachelor’s degree, making them the most indebted graduating class in history. Many of these students plan on pursuing higher education, which means these numbers will continue to rise.

These figures indicate that a change is needed- now more than ever. “The Real College Debt Crisis: How Student Borrowing Threatens Financial Well-Being and Erodes the American Dream,” addresses this need. Professors William Elliott III and Melinda Lewis, authors of the book, hope to offer useful solutions to the growing problem that is today’s student loan debt crisis.

Elliot and Lewis argue that the significant increase in student debt is attributed to the common belief that it is acceptable to go into debt for the social and financial gains a higher education provides. While experts agree that education is fundamentally important, the resulting student debt raises the question of whether there is a return on investment.

Elliott and Lewis support shifting college financing away from “debt-dependency.” Instead, they suggest working towards an asset-building model that enables anyone willing to put in the effort to grow their wealth over time. They recommend utilizing Children’s Savings Accounts (CSAs), to accumulate assets from birth as a form of financial aid.

Political attempts to address the student debt crisis often fail to acknowledge the lifelong effects on the ‘asset building capacity’ of young borrowers from different racial and economic backgrounds.  This oftentimes effects the students who stand to benefit the most from attending college who struggle with debt following graduation.  This has been termed the ‘Debt Divide’ – where those with the highest need for student loans are the most susceptible to the negative effects before and after graduation.  There is a significant difference in student debt taken on by someone from a low-income background and student debt taken on by someone from a middle- or upper class background, who have the extended family resources to take on that debt. A long-term solution is still needed to the student loan debt crisis.  Until there is a change as to how college educations are financed, the problem of student loan debt will remain.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:

http://time.com/3980583/student-debt-crisis/

Student Loans, Timothy Kingcade Posts

For-Profit Colleges Encourage Large Student Loan Debt

A recent study conducted by the Center for American Progress has revealed some shocking statistics regarding the largest graduate school beneficiaries within federal loan programs. It turns out many are not prestigious, accredited schools, but rather lower quality, for-profit universities. This is a cause of great concern for students who believe these lesser valued schools are accepting government funding, only to increase their own profits.

Of all the graduate student debt in our nation—totaling $6.6 billion, 20 universities account for almost one fifth of the debt. Furthermore, 10 of the 20 institutions are for-profit schools. Charging expensive tuitions while providing a poorly valued education, does not seem to stop these schools from offering loans to prospective students. The schools also exhibit very low standards for admission.  The only requirement seems to be money, which the universities are more than happy to provide (often through loans from the federal government).  As a result, the degrees student’s graduate with are barely worth the paper they are printed on.

The study shows that the largest borrower on the list is Walden University, with $756 million of borrowed funds disbursed to students last year. Owned by the for-profit education company Laureate Education, Walden University hardly has an academic reputation. Many of the schools are able to obtain such a large amount of funding by taking advantage of the law that governs student loans. The Higher Education Act allows graduate students to borrow far more than undergraduates, upwards of $50,000 per year. For-profit universities that mainly operate online, often encourage students to borrow larger amounts for graduate degrees instead of bachelor’s degrees.

The for-profit universities argue that they are offering education to those who are not served by mainstream universities. Still, many believe these schools provide “less than worthy” degrees to students, leaving them with enormous amounts of debt and little chance for employment in a competitive job market. The schools continue to draw students in with promises of a better future, when in reality, the government is offering subsidized loans for a mediocre education.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:
http://www.forbes.com/sites/stevensalzberg/2015/07/12/for-profit-colleges-encourage-huge-student-debt/

Student Loans, Timothy Kingcade Posts

Student Loans and Bankruptcy: What the Department of Education Has to Say

Last week, the Department of Education provided guidance on how it will deal with bankruptcy discharge requests for government backed student loan debt. The Department of Education hopes to provide a balance when collecting on student loans, taking possible undue hardship on the debtor into consideration.

The July 7th document has broken down the updated Undue Hardship Formula, which will be used to help the Department of Education find a suitable balance between collecting debts versus allowing debt to be discharged.

The following factors will be considered regarding undue hardship when it comes to the discharge of student loan debt:

• If a debtor has filed for bankruptcy;

• If a debtor asserts undue hardship due to physical or mental impairment;

• If a debtor is a veteran who is unemployable, as determined by the Department of Veterans Affairs;

• If a debtor is approaching retirement, taking into consideration the debtor’s age at the time student loans were borrowed;

• If a debtor’s health has significantly changed since the student loan debt was incurred;

• If significant time has elapsed since the debt was incurred;

• If a debtor’s expenses are reasonable, without unnecessary expenses to provide funds for student loan repayment;

• If a debtor had the mental and/or physical capacity to pursue discharge or aid;

While the Department of Education has provided guidance to clarify the process, developments are still underway.  If a debtor cannot discharge student loan debt as an undue hardship, there is still the opportunity to “agree to discharge of a portion of the amount owed.”

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:
http://www.huffingtonpost.com/steve-rhode/department-of-education-r_1_b_7753076.html

Bankruptcy Law, Debt Relief, Student Loans, Timothy Kingcade Posts

Bankruptcy’s “Undue Hardship” Requirement Increasingly Difficult for Students to Meet

For many consumers, student loan debt has become a major financial burden. When it becomes too difficult to afford basic living expenses, some turn to bankruptcy as an option. However, if you do not meet the undue hardship requirements, your student loan debt cannot be discharged.

This is exactly what happened to a 45-year-old Maryland woman who was struggling with growing student loan debt. Despite being unemployed, disabled and living far below the poverty line, the court did not allow her to discharge over $37,000 in student loan debt. The reason behind why the judge declined the request was because she had not made any good-faith attempts to repay her loans.

If you have student loan debt that you would like discharged in bankruptcy, an “undue hardship” test is required by the bankruptcy code. This is where you must be able to prove that repaying your student loans would cause “undue hardship” on your life. Unlike credit card debt, the only way to remove student loan debt when filing for bankruptcy is through the undue hardship test. Since the test is not regulated by any law, the courts must determine the severity of the debtor’s circumstances to qualify them for relief.

A three-pronged test can be used to decide whether paying back a student loan would be too difficult for you. The following three items must be proven in order to qualify:

• You must prove that you are unable to maintain a minimal standard of living, while repaying the debt;
• You must prove that your current destitute circumstances will last for a long time;
• You must show that you have made “good-faith efforts” to repay your loan in the past.

Should you fail to adequately prove these three items, you could be denied the option of discharging your student loan debt in bankruptcy. If this occurs, you may also seek help from a federal loan-consolidation program. While a consolidation program would not completely discharge your student loan debt, it could offer a repayment plan that might be more manageable for you.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:
http://www.bloomberg.com/news/articles/2015-06-22/courts-rule-that-disabled-woman-living-below-the-poverty-line-must-repay-student-loans

Bankruptcy Law, Student Loans

How to Deal with a Student Loan Wage Garnishment

Imagine you have received a warning letter, stating that your student loans are in default and you may face garnishment of your wages. Or maybe your employer has already garnished your wages. If this has happened to you, it is important to examine your options carefully.

Certain reasons may allow you to challenge a student loan wage garnishment based on your income, employment status, the procedures that are followed when starting the garnishment, and other details. The sooner you address a student loan wage garnishment, the more likely you may be successful in reducing or stopping the garnishment.

First, you will want to find out why your employer is garnishing your wages. This cannot occur unless you are in default of your student loans. Defaulting on your student loans means you have not made a payment for more than 270 days. Loans may vary, so it is a good idea to review the promissory note you signed when you took out your loan.

Your loan servicer is required to give you 30-day’s notice, with a “Notice of Intent to Garnish” before garnishing your wages. The following information should be included in the notice. You have the right to:

• Request and inspect copies of your student loan records;
• Request a hearing to present evidence that the garnishment should not be allowed;
• Enter into a repayment plan with the loan servicer.

Requesting a Hearing

If you are in default, your employer can begin the garnishment process with your loan servicer. The loan servicer contacts your employer to determine your earnings and based upon the information provided, the servicer calculates the amount that can be legally garnished from your wages. The amount is typically 15% of your disposable earnings.

You may request a Hearing to Challenge a Student Loan Wage Garnishment because of the following reasons:

• You have filed for bankruptcy;
• You are already on a repayment plan;
• You qualify for forgiveness, cancellation, or discharge of your loan;
• You were involuntarily terminated from your last job of less than 12 months;
• You have already repaid your loan, the loan was forgiven, or you no longer owe funds.

Stopping a Wage Garnishment

If your income is very low, you may be exempt from garnishment. Also, if your employer is taking too much out of your paycheck, contact your loan servicer and request a correction. Another way to avoid wage garnishment is to place the debt into a new Direct Consolidation Loan with the U.S. Department of Education. This will allow you to enter an income based repayment plan, with your monthly payment based on your income or available budget. This will allow your new loan to be reported as current.

You may also stop wage garnishments with voluntary payments. Voluntary payments offer many advantages over garnishment, such as improving your credit rating or reinstating eligibility for federal student loans in the future. You may also opt for a reasonable repayment plan with the Department of Education. Payments may be as low as $5 and if you commit to the required five required payments, the wage garnishment will stop. Once the loan is rehabilitated you can return to a good status with the Department of Education.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Source:
http://www.nolo.com/legal-encyclopedia/challenging-student-loan-wage-garnishment.html