Can I file for chapter 13 bankruptcy to stop a garnishment if I was discharged in chapter 7 in 2005

Probably yes. However, the restrictions on refiling are complex, and some people who have filed previously will not be eligible for a Chapter 13 for various reasons. You should contact an attorney licensed in Alabama to discuss your situation.

Dainen Penta, Attorney
Spencer | Anderson | Buhr PLLC
dainen@spenceranderson.com
http://www.spenceranderson.com
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This answer is provided as general information only. It’s not intended to be legal advice, and you should not take action based on this information. Only a lawyer licensed in your state can discuss your situation in detail with you and provide you with legal advice.
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Yes, you can file, and the automatic stay will stop the garnishment.

However, assuming your case was not *filed* (not discharged) more than four years before you file the Chapter 13, you would not be eligible for a Chapter 13 discharge. This means you would need to pay all debt in full, through the Chapter 13 Plan.

Brett Weiss
brett@BankruptcyLawMaryland.com
www.BankruptcyLawMaryland.com

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The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation.
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Generally, a person who files Chapter 13who has received a discharge in a Chapter 7 filed within 4 years of the new filing cannot receive a discharge. But if you qualify for Chapter 13, you can file if you have sufficient income to pay your regular living expenses, and some excess to pay to the Chapter 13 trustee to distribute to your creditors.

Realize that if you propose to pay less than 100% of your debt in the Chapter 13, you wll still owe what you do not pay at the end of the case. Another factor to consider is: How much is your debt? If the debt is only $2000, and you have no other debts, you are better off going into state court to seek a lower garnishment amount, since your attorneys fee for a Chapter 13 could be more than the debt!