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My check was getting garnished before I started chapter 13 and I recently got it dismissed to go ahead and start a chapter 7. How long do I have before my check gets garnished again?
6 ANSWERS
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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If you are in a Chapter 7, the stay still applies so no garnishment. Unless the debt is for taxes, it will more than likely be discharged so the garnishment will not commence.
Answered on Mar 02nd, 2012 at 9:09 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Immediately after the dismissal if they feel so inclined.
Answered on Mar 02nd, 2012 at 2:10 PM
Bankruptcy Attorney serving Kalamazoo, MI
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Debt Relief Law Center
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Once you file a Chapter 7, the garnishment is Stayed (stopped). Regarding how fast the garnishment will start up again once the Chapter 13 has been dismissed, it is pretty much up to the creditor's counsel representing the creditor. If the creditor is right on top of things, a new Writ of Garnishment could be served on your employer to honor within a few days/weeks. On average, I'd say you have a month to get the new Chapter 7 filed, but it would be better to file the new 7 case right away to remove all doubt.
Answered on Mar 01st, 2012 at 7:01 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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That depends on how aggressive the judgment creditor is. You will not get garnished unless he refiles the garnishment summons.
Answered on Mar 01st, 2012 at 1:53 PM
If the debt supporting the wage garnishment is dischargeable, and you receive a chapter 7 discharge once your case is converted, then your wages shouldn't be garnished any longer because upon discharge you no longer owe the debt.
Answered on Mar 01st, 2012 at 12:39 PM
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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It really depends on the creditor. Sometimes it is quick. Sometimes they wait a while.
Answered on Mar 01st, 2012 at 12:37 PM