QUESTION
How do I get garnishment portion over $3000 returned after Chapter 7 was discharged?
Asked on Oct 11th, 2012 on Bankruptcy - Florida
More details to this question:
My wages were being garnished so I filed Chapter 7, which immediately stayed the order. However prior to filing $3000.00 was taken. I was told that I should get a portion of that back. What do I need to file?
8 ANSWERS
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: How do I get garnishment portion over $3000 returned after Chapter 7 was discharged? Question Detail: My wages were being garnished so I filed Chapter 7, which immediately stayed the order. However prior to filing $3000.00 was taken. I was told that I should get a portion of that back. What do I need to file? *- not sure who told you that since I've NEVER had any garnishments returned to a client ... if anything, the trustee would receive that payment and use it to distribute to the pool of unsecured creditors, but that would normally only be in an odd or unique situation.
Answered on Oct 15th, 2012 at 3:09 PM
Sorry, the money that was garnished before you filed bankruptcy doesn't get refunded to you. Your bankruptcy trustee could reclaim this money from the creditor to use it to pay your other debts, but you aren't entitled to get that money back.
Answered on Oct 13th, 2012 at 6:30 AM
Daniel James Wilson
Who told you that you would receive part of the garnishment? The garnished funds were pre-petition assets. If the trustee chooses to go after the funds they are probably not exempt and would go to the trustee, not you.
Answered on Oct 13th, 2012 at 6:29 AM
I can only hope that you hired an attorney prior to filing your bankruptcy. Call him and ask him what needs to be done next and if he is going to do it. If your are representing yourself, contact the attorney for the creditor and ask when he will be returning the garnished wages. Good luck
Answered on Oct 13th, 2012 at 6:27 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you owed the money, then you are not entitled to receive that money back.
Answered on Oct 13th, 2012 at 6:26 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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If the funds were seized by the Sheriff, you may not get it back in NJ.
Answered on Oct 13th, 2012 at 6:24 AM
You do not file anything. The court-appointed bankruptcy trustee must file a preference claim if the money was transferred within 90 days before the petition date. The nature of the garnishment will also determine whether any exception applies. Additionally, you must report any pre-petition assets to the bankruptcy court as well as assets received before the debts are discharged.
Answered on Oct 13th, 2012 at 6:24 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to file a motion in the case the garnishment was in for release of the funds being held, claiming that the debt was discharged and your are entitled to a return of the dough.
Answered on Oct 13th, 2012 at 6:22 AM