Once you file to have your filing fee paid in installments or file a motion to have your filing fee waived due to indigency in either one is accepted by the bankruptcy court, at that time you will be assigned a case number and the automatic stay will stop any wage garnishment. This is not an automatic process and receiving a case number will only occur once the bankruptcy court accepts the fee paid in installments or waive the fee altogether based on indigency.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Nov 13th, 2014 at 9:14 AM