The question if you should file bankruptcy really is one that you need to determine for yourself. If you can pay all your debts and it will not affect you adversely and you can still live your life, then you should not file bankruptcy, bankruptcy should be your last resort when you're bills are completely overwhelming you and even paying all the minimums you will not have a chance to get back on your feet. In your particular situation if you are already going to court, or to have a judgment against you, and they're going to be garnishing your wages then most likely you should file bankruptcy. But the question is if you should or can file bankruptcy are two distinctly different questions I usually advise any client that is getting orders to go to court, or he has a judgment in court, or is having their pay garnished typically should file bankruptcy. But this does not cover bringing your matter to a competent bankruptcy attorney in having that attorney evaluate your entire situation.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Mar 03rd, 2014 at 2:59 PM