QUESTION
If I am already under chapter 13 bankruptcy, can I get a garnishment now?
Asked on May 04th, 2017 on Bankruptcy - New Jersey
More details to this question:
A creditor wasn't listed on my bankruptcy because of a divorce from a husband who kept threatening me. We bought a vehicle that both names were listed on. I got in the divorce. He keeps threatening that if I don't pay it he will make sure I go to jail. Because of some serious family situations I have now been garnished from them. Is this possible?
6 ANSWERS
Sounds like you do not know what you are doing, that you do not have a lawyer representing you, and are learning the hard way that Chapter 13 is not an easy process to navigate. So how stubborn are you and when will you learn that chapter 13 does require you to be represented?
Answered on Aug 01st, 2017 at 9:47 AM
1 Award
A person can be garnished post-filing for a debt that arose post-filing. You can not be garnished for a debt that arose pre-bankruptcy filing, but you need to make sure that creditor is listed in your chapter 13.
Answered on Jul 31st, 2017 at 4:37 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
Yes, you can be garnished but only because you didn't list them on the bankruptcy. You need to speak with a bankruptcy attorney to go over your options.
Answered on Jul 31st, 2017 at 4:35 PM
Contact your attorney. There is no way to answer your legal question without looking at your BK file.
Answered on Jul 31st, 2017 at 4:08 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
If YOU are in the Bankruptcy, and it is a Chapter 13, then no they can not do a Wage Garnishment without permission of the Bankruptcy Court. It is a violation of the automatic stay as well as the fact that if effects disposable income which is paid to the Chapter 13 Plan. Talk to your counsel.
Answered on Jul 30th, 2017 at 11:31 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
A garnishment is totally prohibited. However, you must be sure that the creditor knows that you are in a chapter 13. You really should have listed that claimant earlier, but it is not too late now. Violation of the automatic stay can be contempt of court. But you or your lawyer must take the right steps first.
Answered on Jul 30th, 2017 at 11:31 PM