Student Loan Wage Garnishments Return in January 2026: What You Need to Know

After a five-year pause, the federal government is resuming aggressive collection actions on defaulted student loans. The Trump Administration has confirmed that wage garnishment for borrowers in default will restart in January 2026. For millions of Americans who have fallen behind on payments, this marks a critical turning point. If you are in default, the window to protect your paycheck is closing. Here is what is happening and how Godbey Law can help you navigate these new challenges. The New Timeline: Notices Start Week of Jan. 7 The Department of Education will begin sending garnishment notices the week of January 7, 2026. While the initial wave will target approximately 1,000 borrowers, officials have confirmed the program will "increase in scale on a month-to-month basis" throughout the year. If you are more than 270 days past due on your federal student loans, you are considered in default and are at risk. What Happens When You Receive a Notice? Receiving a notice is not a bill—it is a legal warning. Once the notice is sent, you have a strict 30-day window to act before the government can order your employer to withhold up to 15% of your disposable pay. Unlike private debt collectors, the federal government does not need a court order to garnish your wages. They can simply issue an administrative order to your employer. New Rules Under the "One Big Beautiful Bill Act" Navigating your options is more complex now than in previous years. The One Big Beautiful Bill Act, [...]

2025-12-24T18:15:08+00:00December 24, 2025|Bankruptcy, Student Loans|

New Parent PLUS Loan Rules Are Coming in July 2026: What Parents Need to Know

New Parent PLUS Loan Rules If you’re a parent preparing to help your child pay for college, big changes are on the horizon. As of July 1, 2026, new limits, stricter rules, and fewer repayment choices will apply to Parent PLUS loans. Understanding these changes now can help you make more informed decisions, and avoid pitfalls later. What is a Parent PLUS Loan? Parent PLUS loans are federal loans that parents (or guardians) can take out on behalf of a dependent undergraduate student to help cover educational expenses. Before the changes, parents could borrow up to the full “cost of attendance” (as determined by the school) minus other aid. Historically, Parent PLUS loans have had more restricted repayment and forgiveness options compared to student-direct loans. But under the new law, those restrictions tighten considerably. Key Changes Effective July 1, 2026 Here are the major shifts that parents and families need to understand: 1. New Annual & Lifetime Borrowing Caps After July 1, 2026, new Parent PLUS loans will be limited to $20,000 per year (per child). Over the student’s full undergraduate career, the total maximum (aggregate) amount per child will be capped at $65,000. Under the old rules, parents could generally borrow up to the full cost of attendance. Those older loans are “grandfathered” in under legacy provisions, but only through either the remainder of the child’s program or up to three academic years. Because many families lean on Parent PLUS loans to help close the “tuition gap,” these caps [...]

2025-09-24T20:20:42+00:00September 24, 2025|Bankruptcy, Student Loans|

What the One Big Beautiful Bill Means for Student‑Loan Borrowers

Overview: What the “Big Beautiful Bill” Does The One Big Beautiful Bill Act, signed into law on July 4, 2025, makes sweeping changes to federal student-loan borrowing and repayment. While it aims to simplify and reduce costs, the practical impact may be to limit access and make repayment more burdensome for many borrowers. Here’s what’s new: New borrowing caps for graduate and professional students take effect July 1, 2026: Unsubsidized graduate: $20,500/year and $100,000 lifetime. Professional degrees (e.g. law, medicine): $50,000/year and $200,000 lifetime. Plus all new borrowers have a $257,500 lifetime cap on all Title IV loans; Parent PLUS loans are now capped at $20,000/year and $65,000 lifetime. The Grad PLUS program is eliminated, meaning no full-cost borrowing for graduate/professional school. Existing income-driven repayment plans—SAVE, PAYE, IBR, ICR—are phased out. Starting July 1, 2026, new borrowers may only choose between: A Standard Repayment Plan (fixed payments over 10–25 years), or A new Repayment Assistance Plan (RAP): a streamlined income-driven plan that caps payments at 1–10% of income over up to 30 years, after which remaining balance is forgiven.. If you are currently on SAVE, PAYE, IBR, or ICR, you must switch by July 1, 2028, or you’ll be moved automatically into RAP. Note that interest resumes August 1, 2025, for SAVE borrowers—meaning balances will grow for nearly 7.7–8 million people immediately. What This Means for Borrowers Graduate and professional students face much tighter borrowing limits and no access to Grad PLUS loans—few options to fund school may push some to private loans. Repayment simplification may benefit new borrowers, but could raise monthly payments for many—RAP extends repayment to 30 years and includes a $10 minimum payment, even for unemployed or low-income borrowers—and could increase total interest paid. Experts also warn of [...]

2025-08-02T17:54:17+00:00August 2, 2025|Bankruptcy, Student Loans|

Student Loan Debt and Bankruptcy: What You Need to Know

At Godbey Law LLC, we understand the financial challenges many individuals face, especially concerning student loan debt. With recent policy changes and economic shifts, it's crucial to stay informed about how these developments impact your financial well-being and the potential role of bankruptcy in managing debt. The Current Landscape of Student Loan Debt As of May 2025, the U.S. Department of Education has resumed collections on defaulted federal student loans, ending a pandemic-era pause that began in 2020. This move affects approximately 5.3 million borrowers, exposing them to wage garnishments, tax refund interceptions, and Social Security benefit offsets . Additionally, the recently passed (pending Senate approval as of the time of this article) "One Big Beautiful Bill" introduces significant changes to student loan repayment structures. The bill proposes stricter repayment options, reduces Pell Grant eligibility, and imposes tighter borrowing limits for students and parents . These changes may increase the financial burden on borrowers, making it more challenging to manage student loan debt. Screenshot from a Federal Loan Servicer on May 23, 2025 Bankruptcy and Student Loan Debt: Understanding the Limitations Traditionally, student loan debt has been challenging to discharge through bankruptcy. Unlike credit card debt or medical bills, student loans are generally non-dischargeable unless the borrower can demonstrate "undue hardship." This requires filing an adversary proceeding within the bankruptcy case and meeting specific legal criteria. In 2022, the Department of Justice, in coordination with the Department of Education, implemented new guidance to streamline the process for discharging [...]

2025-05-23T14:54:07+00:00May 23, 2025|Bankruptcy, Student Loans|

Important Information for Veterans with VA Loans: Foreclosure Moratorium Ending Soon

Godbey Law is committed to protecting Veterans' rights, including their right to stay in their homes. Some Veterans who have home loans backed by the Department of Veterans Affairs (VA) could face foreclosure very soon. What is Happening? The temporary pause on foreclosures for VA loans, implemented in response to the COVID-19 pandemic's economic hardship, is coming to an end on May 31, 2024. This moratorium, originally intended to provide relief to struggling Veterans, will expire after nearly two and a half years. What Does This Mean for You? If you are a Veteran facing difficulty making payments on your VA loan, it's crucial to take action before May 31st. Here's why: Foreclosure Risk: After May 31st, if you haven't brought your loan current, your mortgage servicer could initiate foreclosure proceedings. This can lead to losing your home. We Can Help: Godbey Law has extensive experience with bankruptcy and foreclosure. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. The thought of bankruptcy or being overwhelmed by debt can be a terrifying experience. However, the sooner you take action to resolve the issue, the better off you will be. Too many people are afraid to face their financial problems and end up doing more damage by waiting to speak with a lawyer. What Should You Do? Contact Godbey Law Immediately: Don't wait until after May 31st. The sooner you reach out, the more time we have to explore all available options. Schedule [...]

2024-05-22T17:12:14+00:00May 22, 2024|Bankruptcy|

Student Loan Repayment Confusion: Don’t Miss Out on Potential Relief!

Feeling lost in the maze of student loan repayment options? You're not alone. With the Department of Education's recent changes to repayment plans and upcoming adjustments in July, navigating the landscape can be overwhelming. This is where we come in. Remember the November 2023 Enrollment for Income-Driven Repayment (IDR)? If you haven't yet, enrolling in an IDR plan is crucial. This program bases your monthly payments on your income and family size, potentially providing significant relief. However, a new adjustment is coming in July 2024. While the details are still unfolding, it's imperative to enroll in an IDR plan by June 30th, 2024, to ensure a smooth transition and avoid potential financial penalties. Why is this relevant to you? Even if you're managing your loans currently, the upcoming changes might significantly impact your repayment terms. Understanding your options and proactively taking action can save you money and stress in the long run. Where can we help? Our law firm's Bankruptcy and Consumer Debtor Practice team is well-versed in navigating the complexities of student loan debt. We offer: Comprehensive review of your current loan situation and repayment options. Guidance on enrolling in the most suitable IDR plan based on your individual circumstances. Expert advice on potential future adjustments and how to prepare for them. Exploration of alternative solutions, including federal loan forgiveness programs and, in extreme cases, bankruptcy options. Why is exploring bankruptcy relevant? While discharging student loans through bankruptcy is generally challenging, there are specific situations where it might be [...]

2024-02-21T14:34:22+00:00February 21, 2024|Bankruptcy|

Redefining Bankruptcy in the Age of FinTech: A New Financial Landscape

In an era where technology infiltrates every aspect of our lives, the financial sector has not been left untouched. The emergence of FinTech, a blend of finance and technology, has revolutionized how we manage our finances. But what does this mean for the world of bankruptcy? The FinTech Revolution FinTech companies, using algorithms, machine learning, and blockchain, offer innovative financial services, challenging traditional banking norms. From automated investment platforms to peer-to-peer lending, these advancements are reshaping financial behaviors. Impact on Personal Bankruptcy For individuals, FinTech tools like budgeting apps and automated savings plans are empowering people with better financial management skills. These resources might lead to a decrease in personal bankruptcy filings as they provide real-time insights into financial health, encouraging proactive debt management. Effect on Business Bankruptcy On the business front, FinTech is a double-edged sword. While it offers small businesses access to alternative funding sources, bypassing traditional bank loans, it also creates a highly competitive environment. Businesses failing to adapt to digital payment systems or online marketplaces might find themselves struggling, potentially leading to increased bankruptcy filings. Bankruptcy Process in the Digital Age The FinTech wave is also transforming the bankruptcy process itself. Online legal services, digital filing systems, and AI-driven advisory services are making the bankruptcy process more efficient and accessible. However, this also raises questions about data security and the digital divide, as not everyone has equal access to these technologies. As FinTech continues to evolve, its impact on bankruptcy is undeniable. Both individuals and businesses [...]

2024-01-11T03:16:03+00:00January 11, 2024|Bankruptcy|
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