QUESTION
Would wages be garnished after Chapter 7 bankruptcy?
Asked on Aug 31st, 2015 on Bankruptcy - New York
More details to this question:
I filed Chapter 7 bankruptcy in 2009, Pro se and included a credit union. I was notified a writ of garnishment. I resigned before receiving the non-certified writ. Is it legal for them to garnish when I included them in a 2009 bankruptcy?
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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They can't garnish your wages, or take any other collection action, if the debt arose before you filed the 2009 bankruptcy.
Answered on Sep 09th, 2015 at 8:15 AM
This would be a violation of the bankruptcy discharge and would subject the creditor to money damages for your legal fees and inconvenience. Since I see this scenario so infrequently, I wonder if there is not more to this story. If so, the missing details could change everything. Get thee to a bankruptcy litigation expert.
Answered on Aug 31st, 2015 at 7:37 PM
No, they can not garnish if you included them in the bankruptcy.
Answered on Aug 31st, 2015 at 5:01 PM