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Does filing bankruptcy stop garnishment of wages due to judgment on credit card debt?
Wiki User
∙ 16y ago
Filing bankruptcy can stop a garnishment immediately. Ifall funds that have been garnished have been properly exempted, the garnished funds can even be returned to the debtor. When a bankruptcy is filed, a special provision of the bankruptcy code kicks in and stops all creditor action to collect a debt. The special provision of the bankruptcy code is Section 362 and is called "the Automatic Stay". The Automatic Stay is a court order to all creditors to stop collecting debts immediately. When a paycheck or bank account is garnished, money is taken from the paycheck or other account and held until a certain time when the money is supposed to be delivered to court and turned over to the creditor. The date that the creditor is supposed to pick up the garnished funds in court is often called "the return date". If a bankruptcy is filed before the return date set for the garnishment, the garnishment is immediately stopped and the creditor cannot continue to collect the debt through the garnishment method. However, understand that the debt the garnishment is paying isn't extinguished or reduced...it will be resolved in the BK. The above probably won't apply to child support or such...which rightfully gets no breaks.
Wiki User
∙ 16y ago
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Will bankruptcy stop a garnishment?
Bankruptcy never stops a garnishment, it just delays it. In the duration of filing bankruptcy you no need to worry about garnishment.
How can you get a judgment off your credit report after filing bankruptcy?
If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".
Will filing chapter 7 bankruptcy get rid of a credit card judgment?
Yes. It is the most common reason for filing for bankruptcy. If the judgment creditor had an execution issued and attached any equity in your home, you may have a problem.
Will your credit rating be affected by your partner filing bankruptcy?
If your partner files for bankruptcy and you don't then the bankruptcy will not appear on your credit report. But you will be partly responsible for before bankruptcy filing. Generally filing bankruptcy will affect the credit rating of the individual who filed it.
What bankruptcy information should you know before you consider filing for bankruptcy?
Bankruptcy is the filing of a petition that claims your assets, and your inability to pay for them. Bankruptcy severely effects your credit, and is present on your credit for 7 years. During this time getting credit cards or loans can be very difficult.
How can you find out if a garnishment has been stopped by filing bankruptcy?
Bankruptcy will not stop a garnishment. You cannot set aside civil judgments by filing bankruptcy.
Will bankruptcy stop a garnishment?
Bankruptcy never stops a garnishment, it just delays it. In the duration of filing bankruptcy you no need to worry about garnishment.
Can filing for bankruptcy stop IRS garnishment?
no
How can you get a judgment off your credit report after filing bankruptcy?
If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".
Will filing chapter 7 bankruptcy get rid of a credit card judgment?
Yes. It is the most common reason for filing for bankruptcy. If the judgment creditor had an execution issued and attached any equity in your home, you may have a problem.
Will filing a bankruptcy remove a judgment on credit report?
Yes, if it is not a perfected lien against real property and the debt was discharged in the bankruptcy.
Will your credit rating be affected by your partner filing bankruptcy?
If your partner files for bankruptcy and you don't then the bankruptcy will not appear on your credit report. But you will be partly responsible for before bankruptcy filing. Generally filing bankruptcy will affect the credit rating of the individual who filed it.
Is it better to enter a judgment on a credit report before or after a bankruptcy filing. I have a judgment that isn't on my ex-husbands credit report. He is filing chapter 7 I won't be dismissed.?
unless the judgment is for damages from: intentional tort, fraud, drunk driving, spouse/child support, they yes your judgment will be discharged
If someone files for bankruptcy can the Credit Card company take money out of your checking account to try and retrieve some of the debt after they were informed you were filing bankruptcy?
No, once a bankruptcy is filed an automatic "stay" is in place, and creditors cannot pursue any collection action. Even outside of bankruptcy, a creditor cannot arbitrarily garnish a debtor's bank account. The creditor needs to file and win a lawsuit, be granted a judgment and then enforce the judgment as a bank account garnishment.
Will filing bankruptcy avoid garnishment after a vehicle is repossessed in Tennessee?
If filed in a timely manner. But have you considered the LASTING effects of filing?
Can a payroll garnishment be stopped with bankruptcy filing?
Temporarily. But the entity benefitting from the garnishment can motion the court to lift the automatic stay as to the bankrupt's property or money sought to be garnished.
Can assets be protected from a personal injury judgment by filing bankruptcy?
Yes. Consult a knowledgeable bankruptcy attorney.
