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I filed a chapter 13 2008 and I need to file a 7 now. I got a letter from job stating that they have wage deduction for a company that I put in my 13. Can I file another one quickly to stop it?
8 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. You can file a chapter 7 only once every eight years.
Answered on Jul 27th, 2013 at 1:57 PM
It would help if you indicated what had happened to your 2008 Chapter 13, as you may not be eligible to file a Chapter 7 if the Chapter 13 resulted in a discharge.
Answered on Jul 22nd, 2013 at 1:22 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Assuming this is a dischargeable debt the creditor cannot garnish so long as it was listed in your chapter 13 and you received a discharge.
Answered on Jul 22nd, 2013 at 1:12 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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If you're currently in a Chapter 13, sue the guy for violating the automatic stay. If you've finished your 13 successfully, sue for violation of discharge injunction. If you've dismissed the case, then depending on the timing, you can file for a 7. Seek an attorney because really, we need to look and see what's happened.
Answered on Jul 22nd, 2013 at 12:48 PM
Deborah F. Bowinski
You must wait six years from your filing date before you can file a chapter 7. You can, however, file another chapter 13 if you need to. BUT if this is a debt that was already discharged then you should speak with an attorney about other remedies against the creditor.
Answered on Jul 22nd, 2013 at 10:37 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You need to see your attorney (who filed your Chapter 13) to deal with the wage garnishment, which appears to be improper. Don't just file another bankruptcy petition, particularly given that there may be a much simpler resolution.
Answered on Jul 22nd, 2013 at 10:21 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Not until 2014
Answered on Jul 22nd, 2013 at 10:16 AM
You can file an emergency 7 to stop the garnishment, but if it was included why not contact your attorney about it and let him help you.
Answered on Jul 22nd, 2013 at 10:15 AM