QUESTION
Will bankruptcy stop wage garnishment for medical bills?
Asked on Oct 29th, 2011 on Bankruptcy - Michigan
More details to this question:
If I declare bankruptcy, will that stop my wage garnishment for a medical bill?
32 ANSWERS
judith runyon
Yes.
Answered on Jun 02nd, 2013 at 10:38 PM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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Yes.
Answered on Jun 02nd, 2013 at 10:38 PM
Yes.
Answered on Jun 02nd, 2013 at 10:38 PM
Criminal Defense Attorney serving Summit, NJ
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Stephen P. Dempsey Counselor at Law
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Yes.
Answered on Jun 02nd, 2013 at 10:38 PM
Spencer Hale
Yes.
Answered on Jun 02nd, 2013 at 10:38 PM
Daniel James Wilson
Yes.
Answered on Jun 02nd, 2013 at 10:37 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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Yes.
Answered on Jun 02nd, 2013 at 10:35 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on Jun 02nd, 2013 at 10:35 PM
2 Awards
Yes it will.
Answered on Jun 02nd, 2013 at 9:31 PM
Yes, bankruptcy stops garnishment for medical bills.
Answered on Nov 02nd, 2011 at 9:20 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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ALL garnishments MUST CEASE upon the filing of a bankruptcy petition.
Answered on Nov 02nd, 2011 at 9:48 AM
Consumer Bankruptcy Attorney serving Worcester, MA
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Law Offices of James Wingfield
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Yes! A personal bankruptcy will stop a wage garnishment and will force the creditor to be treated the same as all other similarly classified creditors.
Answered on Nov 02nd, 2011 at 9:13 AM
It depends on a number of factors. This includes your current income, the total amount of debts owed, the total amount of the judgement for the medical bills, and whether you qualify for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy in light of the above factors. If your income and assets are high enough that you could theoretically pay off this debt and others within a 5 year period, then you would still have to pay off some of the debt.
Answered on Nov 01st, 2011 at 8:52 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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Absolutely. Filing bankruptcy will place a stay on all adverse collection actions against you, including lawsuits, garnishments, frozen accounts, foreclosure, etc.
Answered on Nov 01st, 2011 at 4:29 PM
Stephen M. Goldfarb
Yes, and garnishments within 90 days of filing may be recovered if you can fit it within an exemption.
Answered on Nov 01st, 2011 at 1:14 PM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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The filing of a bankruptcy creates an automatic stay against the initiation or the continuance of any action against you or your property. If the debt for which you have a garnishment can be discharged in your bankruptcy, then not only will the garnishment stop, but the creditor will be barred from garnishing you wages after your discharge.
Answered on Nov 01st, 2011 at 10:55 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Filing bankruptcy creates an automatic stay. This prevents further collection, including wage garnishment and levies.
Answered on Nov 01st, 2011 at 10:37 AM
Bankruptcy Attorney serving Atlanta, GA
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Jakob-Barnes Law Firm, LLC
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Yes, bankruptcy stop collection of debt.
Answered on Nov 01st, 2011 at 9:58 AM
Yes. Immediately upon filing your bankruptcy case the Automatic Stay under section 362 goes into effect. It prohibits the creditor from proceeding with any wage garnishment. As a matter of practice, when I represent someone whose wages are being garnished, immediately upon filing the bankruptcy case, I fax a Notice of Automatic Stay to the client's payroll department, as well as to the attorneys for the creditor who is pushing the wage garnishment. That usually stops the wage garnishment right away.
Answered on Nov 01st, 2011 at 9:54 AM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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Yes, bankruptcy will stop a wage garnishment for medical bills.
Answered on Nov 01st, 2011 at 9:33 AM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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Yes, bankruptcy will immediately stop a wage garnishment on account of a medical bill. If necessary an emergency partial bankruptcy petition can be filed to stop garnishment immediately.
Answered on Oct 31st, 2011 at 8:59 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Yes. A bankruptcy will stop a garnishment. Medical debt, absent some other issue, is dischargeable.
Answered on Oct 31st, 2011 at 8:57 PM
Yes. Bankruptcy stops wage garnishments.
Answered on Oct 31st, 2011 at 7:53 PM
Criminal Defense Attorney serving Portland, OR
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Jacob D. Braunstein, Attorney at Law
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Generally, when a person files for bankruptcy, the automatic stay that goes into effect stops garnishment of wages by unsecured creditors such as credit cards and medical bills.
Answered on Oct 31st, 2011 at 7:23 PM
Contracts & Agreements Attorney serving Roseville, MN
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Batten & Beasley, PLLC
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Yes, once the bankruptcy is filed the automatic stay will go in place which will stop wage garnishments.
Answered on Oct 31st, 2011 at 7:22 PM
Family Law Attorney serving Indio, CA
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Law Office of Xochitl A. Quezada
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The garnishment should stop when you file for bankruptcy. If they do not, you need to call them and let them know so they stop garnishing as soon as you file.
Answered on Oct 31st, 2011 at 7:15 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes. One very important function of bankruptcy is to allow the debtor to breath without the creditors pounding on them. All debt collection activity such as lawsuits, garnishments, repossessions, and foreclosures have to stop immediately upon filing bankruptcy. You can even retrieve the moneys that were garnished during this cycle so long as you file before the return date on the garnishment and so long as those funds are exempted on what we refer to as the Homestead Deed.
Answered on Oct 31st, 2011 at 6:46 PM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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Yes a bankruptcy will stop a garnishment.
Answered on Oct 31st, 2011 at 6:40 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Yes, A Chapter 7 or a Chapter 13 Bankruptcy will stop Garnishments. In Ga, a garnishment will take 25% of your paycheck until the debt is paid, but a Bankruptcy can stop the garnishmentt immediately.
Answered on Oct 31st, 2011 at 6:39 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Yes, Medical bills may be discharged in Bankruptcy and upon filing the bankruptcy all attempts to collect medical debts will halt.
Answered on Oct 31st, 2011 at 6:38 PM
Filing for bankruptcy will stop a wage garnishment. If you have been garnished more than $600 in the past 90 days prior to filing for bankruptcy an attorney can likely get those funds returned to you.
Answered on Oct 31st, 2011 at 6:36 PM