QUESTION
if I am in bankruptcy can my wages be garnish if it is not covered under my bankruptcy?
Asked on Jun 04th, 2012 on Bankruptcy - Florida
More details to this question:
if I am in bankruptcy can my wages be garnish if it is not covered under my bankruptcy?
10 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Normally, garnishment stops once a bankruptcy is filed. But, you have not given me enough information to really answer your questions. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Jun 15th, 2012 at 9:42 AM
If a debt is non-dischargeable, for example, taxes or student loans, filing bankruptcy will stop the garnishment now in effect and prevent another one from starting only while the bankruptcy is in effect, which is about 3.5 months. The exception is child support, which will continue straight through. Your other debts, like credit cards and medical bills, just go away forever. For those non-dischargeable debts with garnishments that get stopped, you have a little time to get your house in order and make arrangements to start up voluntary payments.
Answered on Jun 13th, 2012 at 3:17 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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All of your debts need to be disclosed and a creditor would not be allowed to garnish while the bankruptcy is active.
Answered on Jun 13th, 2012 at 12:13 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Future wages are exempt from the bankruptcy estate if you are apply under Chapter 7.
Answered on Jun 13th, 2012 at 10:11 AM
Daniel James Wilson
I don't know what you mean by not covered in your BK. You must list all your debts. If you did not list a creditor who is garnishing you amend Schedule F if your case has not closed. If your case has closed hire a lawyer to reopen your case.
Answered on Jun 13th, 2012 at 9:57 AM
While you are in bankruptcy, it would be contempt of the automatic stay for any creditor to take any action against you (including garnishments) without prior permission of the bankruptcy court.
Answered on Jun 13th, 2012 at 9:27 AM
Wages are protected from garnishment almost in every Chapter 7 consumer bankruptcy, can be exempted under 11 U.S.C. 522(d)(5).
Answered on Jun 13th, 2012 at 9:24 AM
2 Awards
If you're in bankruptcy your wages cannot be garnished unless for support obligations such as alimony or child support. Those only stop if you're in a Chapter 13 case.
Answered on Jun 13th, 2012 at 9:22 AM
Barbara A. Fontaine
If depends on why your income is garnished. If it is for child support, you still must pay. If it is garnishment from a lawsuit. it should be covered. You should include it on your bankruptcy to get rid of it. I hope that I guessed right on what you meant by "not covered in bankruptcy". Do not leave anything out!
Answered on Jun 13th, 2012 at 9:14 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Not by a creditor, only for support obligations.
Answered on Jun 13th, 2012 at 9:11 AM