I filed a 13 bankruptcy last year and everything was fine. My wages were being garnished and I was able to keep up on the bills. I was informed this morning that I would no longer have a job due to cutbacks. There will be no way for me to keep up with everything now while still being garnished. I am trying to get a hold of the lawyer that handled my bankruptcy, but what normally happens or can be done in a situation like this?
You should consult with the attorney who originally filed your case since they are most familiar with the circumstances surrounding your filing. Without knowing your specific facts it is hard to give you any meaningful advice. It may make sense to modify your plan if you have other sources of income or it may make more sense to convert to a Chapter 7.
Steve Doan, Esq
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5 lawyers agree
First, you should never have an ongoing garnishment during a bankruptcy. Your attorney should have stopped the garnishment. Second, your change of circumstances allows you to file a moratorium or plan modification. My firm has helped many people in your situation. This is a very complicated situation -- you most likely need an experienced lawyer to help you.
Mr. Greeves is licensed to practice law throughout the state of Arizona. His office is in Tempe. He is authorized to handle IRS matters throughout the United States. His phone number is 480-345-8100 or his email address is email@example.com. His website is www.gprattorneys.com. Please note that this answer does not constitute legal advice, and should not be relied upon. Each state has different laws, every situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Contacting your prior bankrutpcy attorney is certainly the right place to start since they will clearly be more familiar with the situation than anyone else. That said, I echo some of the concerns previously stated. If you are involved in a chapter 13 repayment plan, there really should not be any type of ongoing garnishment happening. Depending upon what type of assets you are or were trying to keep, and the type of debts being discharged, you might just find yourself in a situation where conversion to chapter 7 makes sense. If it does, and only a good review by an attorney can really answer that question, it could be a great way to end that re-payment plan, fix that old garnishment and get a good fresh start.