Yes, but it must be listed correctly in your bankruptcy paperwork. It must be listed as both an asset and must be exempted for the trustee to return funds to you.
WHO is still taking money from your check? and, for WHAT purpose is the money being garnished? If it is for IRS liens, child support, or some other court ordered payment, those are not affected by bankruptcy filings.
Garnished funds will NOT be returned to you. If it was a significant amount, the bk Trustee can claw back that money and use it to pay your creditors. Otherwise, that money is gone.
Should money from an inheritance be turned over in a chapter 13 case? the case was filed at least 12 months before the inheritance
Depending on when your bankruptcy is filed, on the day it was filed, the wage garnishment must stop. If it didn't stop on that day, you are entitled to have your garnished wages refunded. However, no wages will be refunded prior to your bankruptcy filing date.
It depends on the chapter they filed and the financial state of the company, most likey not, that is why the filed for bankruptcy, they have no funds.
Garnished, no, seized, yes.
Wage garnishments are usually handled by a process server or a government officialy such as the county sheriff's office. The judgment creditor has on obligation stop the garnishment right away. There isn't a specific time deadline to return the money that was garnished after the bankruptcy was filed, but it should be returned ASAP. If you don't have it back within a couple of weeks, file a motion with the bankruptcy court.
Either way they will want a tax return filed before filing for chapter 13. If you are expecting a refund then they will seize it if it is after so to keep the money file first and wait for the return, it will be considered as part of your income. If you owe it is better to know the amount before filing.
Make sure that it was a chapter 11 and not a chapter 7 or a chapter 13. Many times there are no trustees in a chapter 11 and chapter 11 is almost always a larger business bankruptcy.
Whether your money can be garnished depends on the type of business you have. If you have a corporation, your personal liabilities are separate from your business liabilities, which means your corporation's bank account will not be garnished.
Yes, just as they can take money from a tax return during the year you filed for bankruptcy.
depends on the length of time. was the injury cas before the filing or after.sometimes it takes a long time to get the money. if the case was before you filed then you have to pay the lawyer. the two also have different situations.if he represents you in a case due to his services, he gets the money. the chapter 7 bankruptcy has to do with outstanding bills occured. they are two different matters. but they can garnish any wages or income. so the lawyer will get his cut first. i worked for lawyers and the check goes there first.so there is no way around them.