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I am divorced, while married we combined our student loans in our divorce agreement we both had an amount to pay I was paying mine he was not and filed bankruptcy and even though he is employed and they no where he lives and his job is they started garnishing my wages now I am in foureclosure. My question is if I file ch13 will it stop my garnishment and make them lower my payments and possibly go after him for his portion as agreed upon.
bankruptcy
Hi dnice,
Yes, filing bankruptcy under chapter 13 can stop wage garnishment. Filing chapter 13 bankruptcy will also help you in repaying all your debts. Under this chapter, you can propose a repayment plan over 4-5 years. It will even help you to retain your home from foreclosure (if any).
However, whether not the lenders will try to collect from your ex, depends on his bankruptcy. If his bankruptcy is still in stay, they will not be able to get the money from him directly. It also depends on the chapter under which he has filed the bankruptcy.
Thanks,
Aaron
you can sit down with a non profit credit counseling agency. NOT one of those scams where they promise to cut your debt in half.
http://www.nfcc.org/
this is required by the bankruptcy court and it will help you decide what to do.
BK does not usually apply to student loans so I would sue your ex