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This is a petition filed by a student loan debtor in 2 circumstances:
1) to appeal administrative wage garnishment on the grounds that is poses an undue hardship to the borrower or their Dependants, or
2) an adversary proceeding in bankruptcy court where a debtor attempts to prove that their student loans should be permanently discharged because repayment would cause undue hardship to them or their Dependants.
Under both circumstances, the borrower bears the burden of proving that exceptional financial hardship make them temporarily(for the first) or permanently(for the latter) unable to make the minimum payments required by their student loan agreements.
Please search "administrative wage garnishment" and "student loan bankruptcy" for more info applicable to you.
What else can I help you with?
Can you file Bankruptcy to forgive student loan default?
Only if you can prove repayment would cause an undue hardship to you or your dependants. You have to file an adversary proceeding within 60 days of your regular petition. A lawyer would charge substantial additional fees for this action, and many will try to talk you out of it. Most debtors do not qualify for the undue hardship exemption. There is quite a bit of info about it online.
How do you have the amount garnished reduced due to undue hardship?
You must complete an application with the court in order to have a wage garnishment reduced if it causes undue hardship. A wage garnishment can not take more than 25 percent of a person's income.
What does undue hardship encompass in bankruptcy in NH?
I have only heard undue hardship used in a bankruptcy context when dealing with student loans. In this context, undue hardship means that you have some kind of permanent disability and are therefore unable to pay off your student loans. Basically, you would need to be paralyzed, have MS or ALS, Parkenson's, etc... Merely being unable to find a job in the filed you studied is not enough.
Can you file bankruptsy on a federal student loan?
The only way is to show undue hardship and you will probably need a good lawyer.
Can you decrease wage garnishment if it is causing you to get evicted from your current residence?
The person involved should petition the court where the garnishment order was granted to have the garnishment lowered due to it creating an "undue hardship." This appeal is only applicable if the garnishment is for creditor debt, it would not apply in cases of child and/or spousal support orders.
Can an employer refuse to let you come back to work with accommodations?
Yes, unless the company can effectively prove that it would be "Undue Hardship" for them, if they did accommodate.
What is To be considered an individual with a disability a person must satisfy at least one of the choices below except?
Has undue hardship due to medical expenses and limited employment prospects
Does a judge have to specifically state conditions of undue hardship have been met to discharge a student loan and if so starting when was this required?
Yes, in order to discharge student loans which fall under the criteria in 11 USC 523(a)(8), the Bankruptcy Judge has to specifically declare the repayment of the student loans to constitute an undue hardship on the debtor or a dependent of the debtor in order for the student loans to be discharged. To get the Court to do this, yu have to file an Adversary Proceeding (i.e. a federal lawsuit) against the student loan lender during the pendency of your bankruptcy case. Also, the standard for "undue hardship" is very tough, unless you're like 97 years old or permanently paralyzed, you better plan on paying them!
How can I get out of IRS wage garnishment?
There are four ways to get out of an IRS wage garnishment. Negotiate a resolution, prove undue hardship, file an appeal, or of course you could always pay your owed taxes!
When can student loans be included in a bankruptcy filling?
It can be. If you can show that your education loan payment is an undue hardship on you. Then it's piece a cake for you on most of the banks. It can be it in other rare cases as well, but it's not common.
Is the US Postal Service required to deliver mail to the door of a disabled person?
Yes. You must petition your local post office for a hardship delivery.
How can a father get out of paying more child support than he already does?
The obligated parent must petition the court to have the terms of the current child support order amended/rescinded. He or she will be required to submit valid documentation that the current amount is creating an 'undue hardship" for said parent. Undue hardship is defined in various ways depending (terminal/debillitating illnesses resulting in medical expenses, loss of employment, drastic reduction in salary and so forth.
