Can the gov take my social security after filing bankrupcy in 1984 & school loan included due to "hardship"

My $842 mo check is now $742. When I divorced in 1984, we filed a joint bankrupcy. I had five children, one a newborn. My exhusband di not pay child support. My job was deleted with the close of operations in my area. So I worked part time and drew unemployment. My attorney told me she requested special "hardship circumstances" to dismiss the school loan of approximately $5k. IRS has taken even my current husbands tax refund, stimulus and now a portion of my social security. This should be enough to have paid off the original $5k but the "bal due" shows about $10k and never seems to go down. Our youngest graduates high school this year. She wants to go to College!??? Our home that we built in now due for forclosure auction. It's obvious that we cannot live on $742. per mo. Advise?
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Answers (1)

Lesley Abigail Hoenig

Lesley Abigail Hoenig

Contributor Level 7
If possible, contact your bankruptcy attorney to see if the request was actually granted. It is very difficult to get student loans discharged, and it is the only type of debt that can garnish social security. If that has not been accomplished, there is a procedure available with the student loan provider to get a hardship discharge, that does not require reopening your bankruptcy. It would be good to speak to a local consumer law attorney about this.
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