QUESTION
How do I stop garnishment after filing Chapter 7?
Asked on Mar 29th, 2012 on Bankruptcy - California
More details to this question:
I filed a Chapter 7 Bankruptcy in January, 2012 and my pay check is being garnished by the State of Maryland for state taxes that they claim that I owe. This has place me in a difficult situation in which they leave me with barely any finances to take care of my living expenses. I thought that all debts including garnishments were prohibited under this type of bankruptcy? Please, what can I do to stop these garnishments?
5 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You might have been able to stop the garnishment during the period of the automatic stay. But, if the debt is a priority debt it will go through bankruptcy unaffected, & you might not thereafter be able to stop garnishment.
Answered on Apr 02nd, 2012 at 1:58 PM
I don't practice in Maryland, but generally tax debts are not exemptable, so bankruptcy would not affect that garnishment. You may be able to contact the State and request they modify the payment amount.
Answered on Apr 02nd, 2012 at 10:51 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Send a letter to the garnishing creditor. Bankruptcy automatically stops garnishment of taxes.
Answered on Apr 02nd, 2012 at 10:17 AM
Filing stops it automatically.
Answered on Mar 30th, 2012 at 12:58 PM
Send proof of your bankruptcy filing to your employer, any payroll service that your employer uses, your creditor, and the Marshall or Sheriff that is handling the garnishment. Follow up with calls and letters as needed. If you have a bankruptcy attorney, he or she should do this for you.
Answered on Mar 30th, 2012 at 10:01 AM