Will a chapter 7 bankruptcy stop a garnish on wages

Asked over 3 years ago - Ft Mitchell, KY

my car was repossed, two yrs ago, now the bank is garnishing my wages, will chaper 7 stop this

Attorney answers (5)

  1. John Caldwell Rogers

    Pro

    Contributor Level 11

    Answered . Yes, a bankruptcy filing will stop a wage garnishment, as the other attorneys have noted. To add, any wages earned before the bankruptcy filing, but paid after the bankruptcy filing, may still be subject to garnishment, such as when your employer pays one or two weeks behind in the payroll. When filing bankruptcy, always be sure and notify your attorney that a garnishment is occuring.

    This information is provided as general information only and is not legal advice. You should immediately seek the advice and consultation of an experienced bankruptcy attorney.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . A Chapter 7 can immediately stop a wage garnishment. You will need to provide your attorney with a copy of the garnishment paperwork as well as contact information for your payroll department.

    I usually like to get a fax number for payroll & a name of the person in payroll so that I can expedite the process to stop a garnishment.

    Be sure to make sure the attorney you hire includes the additional work of stopping the garnishment in the legal fee you are quoted, as it can be an extra charge due to the additional work required to stop the garnishment promptly.

  3. Thomas A McAvity

    Pro

    Contributor Level 14

    Answered . A bankruptcy filing should immediately stop a wage garnishment. You will need to take particular care to make sure that your bankruptcy attorney has the fax numbers and addresses for both your garnishing creditor and your payroll department/Human Resources so that they can be noticed within minutes of your bankruptcy filing.

  4. Michael Jay Berger

    Pro

    Contributor Level 7

    Answered . Yes.

  5. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . Yes. To stop it quickly, notify the court, the creditor and any attorneys involved immediately after filing.

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