0
Can you file a motion to get garnished wages back after filing a bankruptcy if within 30 days of filing.?
Wiki User
∙ 15y ago
Since a 'garnishment' of wages is a legal method for repayment of a legitimate debt it is EXTREMELY doubtful you would get any of it back. Is there some info missing from the question that would clarify WHY this might even be considered ?
Because OP can actually be reimbursed for garnished wages collected during the 90 days prior to filing, provided the amount garnished was over $600 during that time. Plenty of case law to back that up. It's really something OP needs to discuss with the trustee.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Do you get garnished funds back once you file bankruptcy?
No. They were used to pay for something you owed. This actually untrue. You can recover garnished wages back as long as you do so within a determined time. You should contact your attorney to get specifics.
How do you find if you are listed as a creditor in chapter 7 filling?
You will receive, directly from the bankruptcy court, a notice of filing and information on filing your claim with the court. If you believe a person has filed bankruptcy, and you know the person' s address, you can check with the clerk of the bankruptcy court. The bankruptcy court one files in is determined by the county within which the debtor resides.
If you had bankruptcy in 2004 can you file for bankruptcy again?
Some strict limitations have been set by the new bankruptcy law. Debtors will not be able to file Chapter 7 bankruptcy if they've been through a Chapter 7 within eight years of the new filing. If they want to file for Chapter 13, they will not receive a discharge within two years of a previous Chapter 13 discharge and within four years if they were discharged from a Chapter 7, 11 or 12 bankruptcy.
When to notify debtors you are filing bankruptcy?
The debtor's petition must be completed and lodged with the Official Receiver within 28 days of the form being signed by you.
How does bankruptcy affect inheritance property?
You must list an inheritance (or even possibility of inheritance) within 180 days of filing BK. So if you are to receive an inheritance, even if your BK was already discharged, within 6 months of filing, you must inform the BK Trustee (who would have the right to take the inheritance to distribute among the creditors)
Will bankruptcy prevent wage garnishment?
Depending on what the date is that the bankruptcy was filed would depend on if you can be garnished... not to mention there is an entire process that has to be done before a garnishment can be implemented. First the creditor would have to prove deliquency on bill ( which isn't hard) Secondly said account must be within the state statute of limitations ( varies state to state ) Lastly the creditor would have to have a judgment implemented on the debtor before a writ of garnishment can be implemented. ( Note if the said debt was opened during the course of the Bk then it can also be pursued stat permitting. If the debt was incurred prior to filing BK then no you could not be garnished in any way
What can you do instead of filing for bankruptcy a second time?
Don't get in debt and realize you can't get out of debt by borrowing. Get financial counseling and education. Live within your means, whatever they be.
How soon after filing bankruptcy can you buy a car?
Within days after your discharge. You will have to find one of those dealers that arrange financing, and you will pay a high interest, but it can be done. You cannot do it after filing but before discharge, except in a chapter 13, with permission of the court.
You live in Evansville Indiana and with the new bankruptcy law how long do you have to take consolidation classes before you can file bankruptcy?
There are actually two classes you need to take. There is a credit counseling class that you must take within the 6 month period prior to filing for bankruptcy. You must also complete another financial management course within 45 afters after your Meeting of Creditors.
What happens to an inheritance during bankruptcy?
If the inheritance is based on a death within 180 days of filing bk, the inheritance becomes part of the estate and the trustee will use it to pay your creditors.
Can you file bankruptcy on cash advance in Illinois?
One cannot file bankruptcy on a cash advance in Illinois. A cash advance totaling more than $750 taken on within 70 days of your bankruptcy filing, can't be discharge. The reasoning behind this would be an individual would have to prove intention to paying back an advance.
How soon will a Chapter 13 voluntary dismissal request become effective?
The dismissal should be entered and the case dismissed within a few days of the time that you or your attorney submit it for filing with the bankruptcy court.
