I filed a bankruptcy without my husband over a lemon truck we purchased. They then went after my husband is S.C court for 6k, my question is, since he works on the barge (on 28 off 14 days), is he protected by the Jones act to assure his wages will not be garnished?
I think he is protected from garnishment in two ways.
In general, the seaman's non-garnishment statute prohibits the attachment of seaman's wages and provides as follows:
Wages due or accruing to a master or seaman are not subject to attachment or arrestment from any court, except for an order of a court about the payment by a master or seaman of any part of the master's or seaman's wages for the support and maintenance of the spouse or minor children of the master or seaman, or both. A payment of wages to a master or seaman is valid, notwithstanding any prior sale or assignment of wages or any attachment, encumbrance, or arrestment of the wages.
He may also be protected by your bankruptcy discharge, even though he did not file because his wages are probably an asset of your marriage community. Bankruptcy Code §524(a)(3) says that a bankruptcy discharge for a filing spouse:
(3) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541(a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228(a)(1), or 1328(a)(1) 1 of this title, or that would be so excepted, determined in accordance with the provisions of sections 523(c) and 523(d) of this title, in a case concerning the debtor's spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.
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