Garnished wages exempted in a now discharged chapter 7 need to be recovered. What motions need to be filed to get money back?

Asked almost 5 years ago - Columbia, MD

Money was garnished from my wages until I filed Chapt 7 back in April. My discharge has come in and I want to get the money that was garnished back. I exempted the entire amount in my bankruptcy so I shuold be able to revocer the full amount.

Additional information

Is it even mandatory that I go throught he court. Shouldn't a letter requesting the refund along with a copy of my discharge be enough?

Attorney answers (1)

  1. Stephen A. Drazin

    Contributor Level 9

    Answered . Without reviewing your Bankruptcy Petition and the documents related to the Garnishment, it is impoosible to give a definite Answer; however:

    Your Bankruptcy Attorney should be able to easily handle the matter for you - without the necessity of any further Motions filed within the US Bankruptcy Court.

    If you do not have a Bankruptcy Attorney; i.e., you filed and conducted the Bankruptcy matter pro se (by yourself), the letter together with the Notice of Commencement of Case, the Discharge, the Order Closing the Case, and the pertinent Schedules showing the Exemption of the garnished wages should suffice - if the garnished wages iccurred within 90 days prior to the date of the filing of the action.

    [Disclaimer: This writing is not meant to give precise legal advice; but, meant to address, in an overly brief mode, the issue(s) presented. Please do not act on this communiqué without the prior consultation with a competent Legal Practitioner who should be able to address the topic with reviewing any and all pertinent documentation at issue. This writing does not create an attorney-client relationship.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.]

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