I filed for bankruptcy in NY, but student loans are still garnishing my wages. How do I get this to stop?

Some of the info you are asking might be here: http://www.studentloanborrowerassistance.org/bankruptcy/

You wrote, "student loans are still garnishing my wages. ... but both are saying it will take up to 10 business days to release the garnishments to my employer . SYN even said they would apply all money to the account , that I can't get it back ." Comment: 1. I disagree with ".SYN", I opine that you could get it back, but the result would not be worth the effort. 2. The 10 business days (plus the 8 days for filing) is not, IMHO, unreasonable.

So the garnishing entities have advised you that they have initiated the process to stop the garnishment. Sounds like you do not have a problem there. Anything that happened after you filed should be undone and funds returned to you, BUT there are differing theories throughout the nation as to where exactly the line is drawn (did your paycheck cover work hours prior to the bankruptcy?), so you do need the advice of local counsel.

Under the Bankruptcy Code, Section 362, an “Automatic Stay” takes effect the minute you file a Bankruptcy Petition. The Automatic Stay is like an injunction that prevents your creditors from garnishing your paychecks, restraining your bank accounts, even from writing letters or calling you. There are Federal violations if the creditors violate the Automatic Stay. Additionally, the Bankruptcy Code provides that wages garnished within 90 days of a Bankruptcy filing may be recovered from the creditor by the Debtor or Chapter 7 Trustee. Nonetheless, under § 523(a)(8)(B) of the Bankruptcy Code student loans are non-dischargeable unless the person claiming Bankruptcy can prove “undue hardship” on himself and his family if he were forced to repay the student loans. Therefore, whether you are in a Chapter 7 or Chapter 13 case, the Student Loan garnishment must stop. Moreover, if they are reasonably trying to stop collecting, then a Bankruptcy Judge will be unwilling to apply sanctions for the recent garnishments. Since the Student Loans are probably not dischargeable anyway, at least the garnishment went toward a debt you may eventually have to pay back anyway. I hope this answers your questions. Please see my website for further articles and FAQs regarding Chapter 7 and Chapter 13 Bankruptcy cases. Allen A. Kolber, Esq. Law Offices of Allen A. Kolber, Esq.