QUESTION
What can I do if one of my creditors have come back and garnish my wages if I have filed for bankruptcy in 2007?
Asked on Mar 14th, 2013 on Bankruptcy - Oklahoma
6 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
If the debt was listed in your chapter 7, they in violation of the injunctive nature of 11 usc 362 and the discharge and you should go to your lawyer asap.
Answered on Mar 15th, 2013 at 5:06 AM
If it one of the creditors that was discharged in the Bankruptcy, you need to have your attorney bring a motion in the Bankruptcy court.
Answered on Mar 15th, 2013 at 5:06 AM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
Talk to your bankruptcy attorney. The lender should not have the right to sue if this debt was listed in the bankruptcy and it was not determined by the court to be non-dischargeable. But, your attorney can explain the details. My best to you.
Answered on Mar 15th, 2013 at 5:06 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
If the debt was discharged in the bankruptcy the creditor is in contempt of the bankruptcy court, See an attorney.
Answered on Mar 15th, 2013 at 5:05 AM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
If it is a prepetition debt that was discharged, (1) any orders entered in an effort to collect the debt are void, (2) the creditor and its attorney are violating the discharge injunction and damages may be awarded by the bankruptcy court, (3) the attorney and any other debt collector involved are violating the Fair Debt Collection Practices Act. You should consult an attorney promptly.
Answered on Mar 14th, 2013 at 8:29 PM
If the debt was included in your BR discharge, you can object to the garnishment and provide proof of the prior discharge of the debt.
Answered on Mar 14th, 2013 at 8:23 PM