After I file Chapter 7 Bankruptcy will they take any of my wages from me?
Corona, CA
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Posted about 1 month ago in Bankruptcy / Chapter 7
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Will my wages be attached by the court in any way for Chapter 7
Answers (3)L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
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Chapter 7 bankruptcy stops debt collection in its tracks and discharges most unsecured debts. After you receive a discharge, you have no legal obligation to repay the debts that were discharged in bankruptcy. I've never heard of the court attaching wages in a Chapter 7 proceeding. However, there are some debts that don't get discharged in bankruptcy, such as student loans, obligations resulting from drunk driving, intentional torts, domestic violence, etc. So after the bankruptcy proceeding is over, if you owe debts of these kinds, the creditors of these debts can pursue you once again, and may be able to attach your wages. During the pendency of the bankruptcy, no.
Contact a lawyer who practices bankruptcy law in California to see if bankruptcy is an appropriate option for you. I'm not licensed in California so don't take what I say here as legal advice. It's simply information based on general principles of law which is intended to educate. Kelly Robbennolt
Posted about 1 month ago.
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No, your wages cannot be garnished if you opt for Chapter 7 as a credit solution. This is why many consumers find Chapter 7 Bankruptcy an appealing solution to rid their debts.
Harley Aaron Feinstein
This attorney is licensed in California.
Posted about 1 month ago.
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First of all let me get a little hypertechnical and lawyerly on you. "Attachment" refers to a procedure where a court takes your property to protect a creditor while your lawsuit is pending. For example, lets say you sue somone who you say took your jewelry. You are concerned that the thief may flee to France with your jewelry. You can have the court "attach" the property and have someone hold it while you are waiting for the case to get to trial. I've never heard of wages being attached.
But often wages are "garnished". A wage garnishment is when a creditor sues you and gets a judgment. Then to enforce the judgment he asks the court to order your employer to take some of your wages and pay it to the creditor. When people come to me and ask me if I think they should declare bankruptcy I often tell them that they don't need to file right away. But I often tell them that if they don't declare bankruptcy then eventually one of their creditors will sue, get a judgment and garnish the client's wages. For most people this would be a disaster. So the client declares bankruptcy and the wage garnishment doesn't happen. In other words, people declare bankruptcy in order to avoid having their wages taken by a wage garnishment. In your question you asked if the court will take your wages as a result of you declaring chapter 7 bankruptcy. The answer is that filing chapter 7 bankruptcy does not cause your wages to be taken by the court. It does the opposite. A chapter 7 bankruptcy is intended to prevent your wages from being taken. You might be confusing a chapter 7 with a chapter 13. In a chapter 13 you do turn over a portion of your monthly income to the trustee. I looks like you live in Corona. Therefore you would need to file bankruptcy in Riverside County. You should retain a Riverside bankruptcy attorney or a Corona bankruptcy attorney. I am authorizied file electronically in Riverside County so I could assist you. |