Wage garnishment

Certain creditors (student loans, IRS, and child support) do not need a judgment. Child support and spousal maintenance are already orders of the...

Can a ex landlord with a favorable judgment garnish wages and levy my bank account at the same time?

They can do both at the same time. Of course, in order to garnish, they need to know who the employer is and, in order to levy the bank account,...

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We are an AZ based LLC & was told by our BK Atty. to set up an out of state checking account. Is this legal & how do we do it?

Yes, it is legal, but it is unclear why you would need to set up an out-of-state account. If the intent is to defraud creditors or to hide money...

Once a 401k is cashed out into a bank account does it lose it's exemption from creditors? on a writ of garnishment?

The short answer is yes. It would not even matter if the retirement funds are not commingled. Once they are in a non-retirement account, there is...

You would use a Writ of Garnishment (Non-Earnings) but it must be timed correctly. The retirement account is exempt from garnishment, so if the...

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If i make a payment to a company before being taken to court can my wages still be garnished

If the creditor has a judgment, you can be garnished. Garnishing, however, takes a bit of time. First the creditor must get a writ of garnishment...

Can I file motion to amend judgment during automatic stay?

I agree with Jason Treguboff. I would also caution you NOT to take further action in the civil courts and to refocus your attention on taking...

I got a non-earnings garnishment judgment two days prior to the debtor's filing of Chapter 13. Can I still get the money?

It is highly likely that you will need to surrender the funds you have received and merely file a proof of claim with the bankruptcy court. The...

Is there a limit to the monthly car payment in Chapter 13?

The creditor can object to the car payment as being excessive and the totality of the circumstances will be considered. Obviously, if the debtor...

What are the criteria to claim that a debt is nondischargeable under Chapter 13?

The discharge in Chapter 13 is far more broad than a Chapter 7 discharge. Typically, fraudulent debts are NOT dischargeable in a Chapter 7 but may...