Legal Question in Bankruptcy in New York

Can you explain this in plain english as it is part of my friends bankruptcy transcript who is having his wages garnished by DOE and it is causing undue hardship especially now in this economy.
Could he have the garnishee taken off? Thank you....
11 USC Section 523 (A) (8)
(8) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor�s dependents, for�
(A)
(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or
(ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or
(B) any other educational loan that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual;

Asked on 2/27/10, 11:09 pm

Locksley Wade Law Office of Locksley O. Wade

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Educational loans from the U.S. government are nonchargeable through bankruptcy.

Answered on 3/05/10, 2:50 am

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