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When does garnishing stop when you file for a chapter 7?

West Jordan, UT |

My husband and I filed a chapter 7 to clear our debt and back taxes. The IRS right before we filed started garnishing my husband pay (already two times). I thought once you file things should stop?

Attorney Answers 4


  1. As soon as the IRS gets notice, it should stop the garnishment. And it should undo the garnishments that occurred after you filed. If the IRS does not return post filing funds, your attorney may need to file a contempt motion against it. As long as your taxes are dischargeable, you should have no further problems. And if you could exempt the garnished amounts from the 90 days prior to filing, you should be able to recover those amounts as well.


  2. Your lawyer should give notice directly to the IRS and your employer to accelerate the garnishment's end. They should also move to quash the garnishment. Bear in mind that, if the tax debt is not dischargable, if won't do you much good to stop the garnishment since you will only be buying time before they start again unless you can make other arrangements with them.

    For informational purposes only. Not legal advice.


  3. The IRS is a HUGE bureaucracy and the left hand does not know what the right hand is doing. Eventually the right department will get the word, and stop the garnishment.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  4. I agree with the other answers. If you hired an attorney to help you file bankruptcy, call your attorney and have them call the IRS. The IRS should not be garnishing you while you are under the "automatic stay" bankruptcy protection. Remember, though, that more recent IRS debt is non-dischargeable through bankruptcy. Once your bankruptcy has finished, unless the back taxes were dischargeable, the IRS may start the garnishment process again. Your attorney can explain how that works. If you didn't hire an attorney, some law offices like mine offer free consulations. But otherwise, go through your existing attorney.

    The items I discussed above are for information and not to be relied upon. You should talk with an attorney.

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