QUESTION
Will I able to have the court stop the garnishment of my wages because I am currently under a Chapter 13?
Asked on Sep 20th, 2012 on Bankruptcy - Florida
More details to this question:
My former landlord has filed a civil suit against me and is now attempting to have my wage.
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The automatic stay will stop all collection action.
Answered on Jun 27th, 2013 at 9:33 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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A bankruptcy filing will stop a wage garnishment.
Answered on Jun 27th, 2013 at 9:30 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes make sure your former landlord is noticed about the bankruptcy.
Answered on Sep 26th, 2012 at 11:27 PM
There is no way to determine that here. You need to take your bankruptcy and garnishment paperwork to an experienced attorney (such as me) and have it reviewed.
Answered on Sep 24th, 2012 at 7:48 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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You should talk to your bankruptcy lawyer. If your landlord is attempting to collect a debt that was incurred prior to your bankruptcy filing and which was included in your bankruptcy, he/she may be in violation of the bankruptcy stay by attempting to collect this debt.
Answered on Sep 21st, 2012 at 12:08 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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When you file bankruptcy, a federal law comes into effect which stops all state court proceedings. Consult with your bankruptcy attorney about the continued garnishment, you may be able to sue the former landlord for violating the automatic stay.
Answered on Sep 21st, 2012 at 12:03 PM