QUESTION
How long after bankruptcy is filed will wage garnishment stop?
Asked on Jun 23rd, 2011 on Bankruptcy - California
More details to this question:
How long after bankruptcy is filed will wage garnishment stop?
11 ANSWERS
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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The automatic stay operates to put an immediate halt to all collection matters, including wage garnishments. As a practical matter, getting an employer to stop a garnishment can be a headache. However, with a competent attorney, you can have the garnishment stopped and any unlawfully collected funds returned to you within a short period of time.
Answered on Jun 29th, 2011 at 8:53 AM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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Immediately with notice to the garnishor.
Answered on Jun 29th, 2011 at 8:39 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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It should stop immediately. Your attorney should have let the creditor and the bank or employer know. The creditor may return the money to you or to your lawyer or to the trustee. But no further money is allowed to be garnished once notice of bankruptcy is received.
Answered on Jun 28th, 2011 at 12:11 PM
Bankruptcy immediately stops wage garnishment. This is because of 11 U.S.C. Section 362 Automatic Stay. Still, you need to let the appropriate people know about the bankruptcy filing to stop the garnishment. Have your attorney prepare a Notice of Automatic Stay and file it in the court case in which you were sued and your creditor obtained a judgment and a wage garnishment order. He should serve a copy of this Notice of Automatic Stay on the counsel for the creditor and on the person or persons who handles payroll for your employer.
Answered on Jun 28th, 2011 at 11:40 AM
Spencer Hale
Legally it must cease immediately, but practically it is common for there to be one or two paychecks garnished after the bankruptcy. However, anything garnished after the bankruptcy will be reimbursed to you.
Answered on Jun 28th, 2011 at 11:30 AM
Wage garnishment stops immediately with the filing of the bankruptcy petition pursuant to the "Automatic Stay."
Answered on Jun 28th, 2011 at 11:30 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Filing a bankruptcy creates an automatic stay stopping wage garnishments. Be sure to provide notice of the bankruptcy to all parties to the garnishment.
Answered on Jun 28th, 2011 at 10:30 AM
pursuant to the bankruptcy automatic stay order, garnishments should stop immediately. If you send notice of the filing and case number to the garnisher and creditor, that should be sufficient.
Answered on Jun 28th, 2011 at 10:00 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Glen Edward Ashman
Assuming your lawyer does proper notices, or assists you in that, immediately. Make sure you have a lawyer to get this right.
Answered on Jun 28th, 2011 at 9:52 AM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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A wage garnishment will stop immediately after filing bankruptcy if you have delivered noticed to your employers HR department prior to the deadline for issuing your next paycheck.
Answered on Jun 28th, 2011 at 9:44 AM
Immediately. Said another way, as soon as the employer receives notice of the bankruptcy.
Answered on Jun 28th, 2011 at 9:43 AM