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Robert Spielman's Answers

Robert Spielman
Bloomsburg Bankruptcy Attorney.
Contributor Level 5

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Attorney answers:

  1. Robert Spielman

PA debt collection laws, can a creditor lawfully refuse to accept a payment plan

Asked by a user in Mountain Top, PA - over 3 years ago.

Credit card creditors cannot garnish wages in Pennsylvania. Wages in Pa can only be garnished for support, student loans, and most taxes. However, no creditor is required to accept a payment plan. If they get a judgment against you, and the judgment is recorded in the county court house, it is an automatic lien on any real estate owned solely by you in the county in which it is recorded. Similarly, if the creditor obtains a judgment, they can execute on the judgment - by levying on your...

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Attorney answers:

  1. Robert Spielman

Can I add a recently purchased asset into my bankruptcy petition since I am having problems with the car

Asked by a user in Lynnwood, WA - over 3 years ago.

The simple answer is that only obligations that existed on or before the filing date of the bankruptcy case can be discharged. Since you incurred the obligation after the filing date, it can't be included in the discharge in your case. But the situation is actually more complicated than that. If you filed a Chapter 7 case, you didn't have the legal capacity yourself to incur new debt (that was not in the normal course of your business) without first obtaining permission from the Bankruptcy...

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