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I have filed a Chapter 7 Bankruptcy. But I am trying to figure out whether I need to "avoid" certain creditor actions.

Los Angeles, CA |

I filed BK because I have a wage garnishment and a bank account levy. After the bankruptcy is over I do not know if either of those things (levy and garnishment) will still exist. I believe I exempted all my value in both of those items. I have 3 questions
1)Do I need to file an avoid motion to get rid of those things?
2)Or can I just ignore them and have them go away on there own?
3)Do bk attorneys jump in cases to complete these things?

Thank You

Attorney Answers 3

Posted

The answer here is a little complicated. You don't need to do anything to "avoid" the garnishment ... it cannot continue once you've filed BK. The levy was a one-time occurrence and it cannot occur again either. If you're trying to get the levied funds released, that may require an Adversary proceeding depending on your judge.
If all of this is occurring due to judgment liens, it might be a good idea to file the proper motions to "avoid" those liens; but once you've been discharged of the debts, they cannot attach to any future-acquired property.

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Diane L Gruber

Diane L Gruber

Posted

You will need an attorney to file the necessary paperwork to Avoid any Judgment liens on your house.

Posted

While in bankruptcy, I assume that you discharged certain debts. No collection action on those debts can begin anew, because the debts are uncollectable. However, if there are debts that were not discharged, such as child support or student loans, those are going to come back, and collection actions can resume.

If this doesn't make sense, then you should probably get some help from a local attorney.

I'm not your attorney; my answer includes assumptions. If you want me to be your attorney, I'm easy to find.

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Posted

If the debts involved are subject to being discharged, then the discharge will wipe out the debt, as to your personal liability, including any judgment on those debts. If the creditor took a lien on property as a part of the collection efforts, however, the lien will not be wiped out, although there are procedures for doing that under certain circumstances. I would suggest discussing the matter with an experienced bankruptcy attorney. Many would be willing to come into a case to take care of issues such as yours.

The above answer is in general terms, and is not meant as legal advice. In order to fully answer the question, more information would be needed.

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