QUESTION

Can the hospital garnish my wages if I'm on my second year of Chapter 13 bankruptcy?

Asked on Aug 15th, 2012 on Bankruptcy - District of Columbia
More details to this question:
I've been in chapter 13 bankruptcy for nearly two years. I'm repaying 100%, and just barely make enough to reach that guideline. There is enough left me monthly to get by but nothing extra. I had surgery about 6 months ago and he hospital has put me in collections. The collection agency is threatening me with garnishment. Can they garnish my wages while the bankruptcy court is already taking nearly 70% of my wages?
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8 ANSWERS

Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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No.
Answered on May 22nd, 2013 at 10:33 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes.
Answered on May 22nd, 2013 at 10:32 PM

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If the bankruptcy is taking 70% of your wages, then you need a new plan. You are paying way too much. The short answer to the question is that, yes, the hospital can sue you once your chapter 13 plan is confirmed.
Answered on Aug 27th, 2012 at 2:10 PM

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General Practice Attorney serving Crystal Lake, IL at Bruning & Associates, P.C.
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You potentially have a lot of options if you are in a chapter 13 bankruptcy and have incurred post-petition medical expenses. First of all, you should notify the hospital that you are in a chapter 13 bankruptcy; while your medical debt appears to be post-petition and they can collect on it, it still may cause them to delay while they try to figure out what their rights are. Second of all, you should speak with your bankruptcy attorney. If your bankruptcy case is currently scheduled to take less than the 5 year maximum permitted, you could possibly see if you can defer your payments on the chapter 13 for a couple of months in order to pay the medical bills and get the hospital off of your back. Alternatively, depending on where you live, it is sometimes possible to add the hospital into your chapter 13 plan if the hospital is willing to do so (if they aren't, you probably wouldn't be able to). Some states permit this and some do not. Discuss this with your attorney, as you may have other options depending on your individual circumstances.
Answered on Aug 27th, 2012 at 1:39 PM

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Securities Attorney serving Rochester, MI at Olson Law Firm
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Yes, they can. The hospital debt arose after you filed for bankruptcy. So, it is not affected by the bankruptcy filing.
Answered on Aug 22nd, 2012 at 9:01 AM

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They would not be able to get anything. You could file a claim of exemption. Contact your bankruptcy attorney.
Answered on Aug 22nd, 2012 at 5:49 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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No they can not. Pursuant to 11 USC 1306 your wages are part of the bankruptcy estate, and you must tell them and the judge so they do not garnish.
Answered on Aug 22nd, 2012 at 5:49 AM

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File a motion to modify the chapter 13 plan and include the new debt. Your plan payments will increase but the debt will be paid and your wages will not be garnished.
Answered on Aug 22nd, 2012 at 5:48 AM

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