QUESTION
How can I stop wage garnishment on adversary lawsuit which was in my bankruptcy case in 2016?
Asked on May 11th, 2017 on Bankruptcy - California
More details to this question:
Everybody was discharged but this creditor now they garnishing my wages but I can't file bankruptcy so what can I do?
5 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Make a settlement with them on the debt.
Answered on Aug 07th, 2017 at 8:48 PM
I cannot believe that you do not understand that losing the adversary case meant that you could not use the bankruptcy court to eliminate this debt. Your choice is now either to make a payment arrangement with the creditor or negotiate a settlement. Either choice will be difficult after having been through a lengthy litigation process.
Answered on Aug 07th, 2017 at 8:48 PM
Pay an experienced BK attorney for one hour of their time. Take you complete BK file to the meeting.
Answered on Aug 07th, 2017 at 8:48 PM
You should be able to amend your 2016 bankruptcy petition to include a final judgment especially if you listed this creditor in your original bankruptcy and the debt is actually dischargeable. If this debt was discharged in your 2016 bankruptcy the entity attempting to garnish your wages can be sanctioned for doing so. You should check with the person who helped you file your bankruptcy petition.
Answered on Aug 06th, 2017 at 4:23 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
IF it was in your bankruptcy and your bankruptcy was discharged, then the Wage Garnishment is illegal and you should advise the State Court.
Answered on Aug 06th, 2017 at 4:23 AM