What can I do when I have already filed bankruptcy for my debts excluding school loans and now my school loans have been turned over for collection?

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What can I do when I have already filed bankruptcy for my debts excluding school loans and now my school loans have been turned over for collection?

I filed bankruptcy almost 2 years ago. Soon after I quit my job and moved home due to stress related to the bankruptcy and my job. I didn’t work for 5 months after I quit my job. I worked for a bit as server but wasn’t making much money. I am now working full-time and living at my family’s home. Do to me not working and then working with little income. I had not paid on these loans. Both school loans are now in collections at law offices. I need to know what I can do before they take me to court.

Asked on June 20, 2012 under Bankruptcy Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you have already filed for bankruptcy protection in the last two (2) years and presumably received a discharge with respect to your creditors with the exception of your student loans, you cannot file for bankruptcy protection for another five (5) years.

Given the situation that you are in, the best way to resolve the matter with your student loans is to contact the debt collection companies and explain your circumstances to them with the aim of trying to enter into a monthly written installment agreement to repay these loans for school over time.


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