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If my credit card accounts have all been turned over to collection am I still able to file for bankruptcy?

Elko, NV |
Attorney answers 5



Bankruptcy stops the suits in their tracks and ends the garnishments.


Sounds like you left out one important detail - the court judgment. Creditors cannot attach wages by garnishment without a court judgment. Once there is a court judgment, any real estate you own may also be affected by this judgment if the judgment was recorded as a lien. Yes, you can discharge these debts in bankruptcy but removing the lien will require special expertise from your attorney. And expect to pay more if this step needs to be taken. Hope this perspective helps!


The short answer is yes. The “automatic stay” is the period of time during which creditors generally may not initiate or continue lawsuits, initiate or continue wage garnishments, or make telephone calls demanding payments.
For a longer answer tailored to your unique financial situation, you should make an appointment with a bankruptcy attorney in your area.

My answer is for general discussion purposes only. It is not intended to be legal advice regarding your specific situation and does not create an attorney-client relationship.


Absolutely. All that matters is if the debt was incurred prior to the date of the bankruptcy petition. Try to file as quickly as you can though, as you need to be the date that payroll gets processed in order to prevent the next pay check from getting garnished.


If a lawyer or collection agency is trying to attach or garnish your husband's wages then it is likely that this creditor has a judgment.
If the creditor has obtained a judgment they may take up to 25% of your husband's wages under Nevada law until the garnishment expires or the judgment has been satisfied.
Filing for bankruptcy will stop the garnishment and may even result in a refund of funds taken if done soon enough.
You should consult with an attorney quickly to review your options and see what you can do in order to best protect your financial interests.

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