QUESTION
Can the treasury garnish my wages even if I am the head of household?
Asked on Jan 26th, 2017 on Bankruptcy - Oregon
More details to this question:
As a partner in a business that declared bankruptcy 6 years ago, we, 3 partners, took a personal guarantee on an SBA loan that we defaulted on. The loan has now gone to the treasury for collection. I do not qualify for the means test. Can I do a Chapter 7 - business related exception or Chapter 13 at this time?
3 ANSWERS
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If more than 1/2 your debts (by dollar amount) are business related you're exempt from the means test and can probably file a Chapter 7.
Answered on May 08th, 2017 at 2:26 PM
In Nevada, being head of a household does not provide you with any protection from a wage garnishment or bank account attachment. If the majority of your debt is business related, the Means Test does not apply and is not required for you to file bankruptcy. And if you meet the Good Faith Test, the Means Test is largely irrelevant anyway.
Answered on Apr 04th, 2017 at 9:28 AM
It is nearly certain that you could do chapter 13 or chapter 7 with a waiver of the means test. Which one depends on many other factors you should discuss with an experienced bankruptcy attorney.
Answered on Mar 27th, 2017 at 7:14 PM