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How can you find out if a garnishment has been stopped by filing bankruptcy?
Wiki User
∙ 10y ago
Bankruptcy will not stop a garnishment. You cannot set aside civil judgments by filing bankruptcy.
Wiki User
∙ 10y ago
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Does filing bankruptcy stop garnishment of wages due to judgment on credit card debt?
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.
How do you check on a bankruptcy filing that isn't owned by you?
If you have been filed for a fake bankruptcy, then you can sue the claming party.
What if the debt is incurred after the bankruptcy filing but before the bankruptcy discharge?
When an individual files for bankruptcy, he/she must list down all the creditors and debts that they have. If the bankruptcy has already been filed and the individual has incurred new debt but has not yet been discharged by bankruptcy, that new debt is not included in the bankruptcy discharge. For an official opinion, it is advised you seek legal counsel. It is really important to seek legal advice from the expert about filing for bankruptcy.
Is there a time limit for banks to foreclose on your home after filing bankruptcy been discharged?
The bankruptcy law does not set a time limit for banks to foreclose on your home after filing bankruptcy. In fact, banks are prevented from foreclosing or continuing a foreclosure already in process upon the filing of a bankruptcy without first obtaining an order from the bankruptcy court allowing it to foreclose or continue a foreclosure already commenced.
How do you file bankruptcy to get a judgment off your driver license?
Filing for bankruptcy will have no effect on any judgement that has been applied against your dirvers license.
Can you get a second mortgage after filing bankruptcy?
Yes, as long as the bankruptcy has been discharged, your credit score is 580+, and you earn enough income to support the additional loan.
Can an hoa collect after bankruptcy?
Yes. Assessments are due and owing on the date of filing and thereafter. If past-due assessments -- owed to the date of filing -- were listed in the bankruptcy filing, they have been handled by the referee and must be treated as subject to those rulings.
Do you list a car that has already been repossessed on your bankruptcy schedule?
Yes. Look under the Statement of Financial Affiars. There is a section for repos/foreclosure/garnishment.
What does reopening a bankruptcy case mean?
Usually, it means that more debt has been found, or it has been decided that debt already known can be included in the bankruptcy case. See the attorney filing the motion to have it explained.
What does it mean if your bankruptcy has been dismissed?
It is dismissed when the terms of the bankruptcy have not been met. Creditors are no longer barred from seeking repayment. A complete one is called confirmed, in a dismissal everything returns to the way it was before filing.
Is bankruptcy the only way to stop a garnishment after it has already been filed in Georgia?
You can always pay the balance due. You may be able to enter into a payment agreement that will result in the dissolution of the garnishment, whether a lump sum settlement or a different payment schedule.
What effect does filing bankruptcy have on liens that have already been placed on property?
Whether or not a motion can be filed and will be granted for a lien to be removed after the bankruptcy has been filed depends upon individual circumstances. The expungement liens can be very complicated and it is best to have the action undertaken by a qualified bankruptcy attorney.
