QUESTION
How do I obtain garnished wages from trustee in chapter 7 filing?
Asked on Aug 01st, 2011 on Bankruptcy - Michigan
More details to this question:
How do I obtain garnished wages from trustee in chapter 7 filing? Court clerk said she has to send them to the trustee
9 ANSWERS
Bankruptcy Attorney serving Herndon, VA
at
Maureen O'Malley
Update Your Profile
Sounds like you're filing without counsel. If you're in VA you need to file a homestead deed within 5 days of the 341 to get them back or the trustee will keep them. You can call the Trustee's office and ask about getting it back. There's a specific form, and that may be on the bankruptcy court's site. It may also be on the county land records site.
Answered on Aug 04th, 2011 at 12:09 PM
Bankruptcy Attorney serving Hayward, CA
at
Carballo Law Offices
Update Your Profile
Garnished wages are usually in the possession of the Sheriff and are not sent to the creditor if you file a bankruptcy case. The trustee tells the Sheriff what to do with the money. Most of the time, if you have exempted the money in the bankruptcy petition or is a small amount, the trustee will instruct the Sheriff to send you the money. Your lawyer can ask the trustee for a letter instructing the Sheriff to release the funds to you if you were able to exempt the funds.
Answered on Aug 03rd, 2011 at 12:50 PM
Spencer Hale
You will likely have to prove they are not property of the bankruptcy estate. This will depend on when the garnishment took place.
Answered on Aug 03rd, 2011 at 9:27 AM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
To obtain garnished wages from the trustee holding them you need to claim them exempt in schedule C.
Answered on Aug 03rd, 2011 at 9:17 AM
judith runyon
Ask the Trustee to release them to you.
Answered on Aug 03rd, 2011 at 8:47 AM
Glen Edward Ashman
It sounds like you made the mistake of filing pro se. If you had a lawyer, he would have helped. The money may or may not be yours. Was it properly exempted? If yes, you get it. If not your creditors do, unless you do a timely amendment. (Not all amounts are exemptable). Discuss this with a lawyer.
Answered on Aug 03rd, 2011 at 8:18 AM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
at
Law Offices of Alexzander C. J. Adams, PC
Update Your Profile
You don't.
Answered on Aug 03rd, 2011 at 8:12 AM
Bankruptcy Decision Attorney serving San Diego, CA
at
Law Office of Daniel G. Shay
Update Your Profile
File a Motion to Recover Preference.
Answered on Aug 03rd, 2011 at 8:11 AM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
If they were properly exempted in your bankruptcy case the Trustee should be returning them to you.
Answered on Aug 03rd, 2011 at 8:11 AM