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If you just filed chapter 7 two weeks ago and you had a garnishment coming out of your pay and you were told that you will get this money back how long does it take to get the money back?

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2005-10-26 13:27:19
2005-10-26 13:27:19

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.

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Yes, just as they can take money from a tax return during the year you filed for bankruptcy.

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It's not your money any more. The bankruptcy trustee may be able to get the money if the amount was high enough, since it is a preference, but not you.

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You wont get any money back, garnishment should stop the next pay period after dismissal.

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Should money from an inheritance be turned over in a chapter 13 case? the case was filed at least 12 months before the inheritance

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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.

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Once the garnishment and any related fees are satisfied, the rest of the money is available for use.

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No, this is a luxury item and the trustee will feel like the money is better spent paying off other dept. I was unable to keep two atv's when I filed chapter 13.

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It depends. If the settlement was for a claim that you had before you filed, and you did not list the claim in your Schedule B, or you did not exempt it if you did list it, you might have to turn the money over to the trustee. Ask your lawyer or consult a local bankruptcy lawyer.

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You should file a claim in his/her Chapter 13 case; you may or may not get your money back. If you don't file a claim, you're out of luck; he/she is protected by the automatic stay while in Chapter 13, and by the discharge afterwards. (If you think it's fraud, consult an attorney.)

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No, they can obtain a court order of garnishment and remove your money at a cost to you.

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XpertHR offers information on ensuring compliance with wage garnishment laws. A garnishment is a legal mean for collecting money from an individual to pay off a debt.

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Though laws vary state to state, generally the only way to recoup money from a person or business that has filed for bankruptcy is to sue them civilly. In the lawsuit, you would be considered one of their creditors to whom they still own money.

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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.

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Wage garnishment means the deduction of money from the salary of an employee. Wage garnishment will continue until the debt is paid or arrangements are paid to pay off the debt.

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The same thing that happens when a Chapter 13 is dismissed in any other state. It is as if the bankruptcy was never filed. The automatic stay is lifted and the trustee returns any money left on hand to you.

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When a business owed money by a company that filed for bankruptcy the business will Get back very little of the owed money.

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For what? If any portion of the debt was dismissed already, then you MUST send a 1099-C. But if they filed, are on a plan, etc., the only 1099 you need tos end is the one you would have anyway.

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Dismissed or completed? If it were dismissed, your credit report will show that you filed for bankruptcy. Obviously, if you filed bankruptcy your credit is not great. You certainly can buy a car for cash. Finding someone to lend you money; or getting a loan will be more difficult.

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NO earned income credit is not safe from garnishment. It is the same as taking money out of your paycheck, if you owe, they remove funds from your account.

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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.

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In Texas, wages may be garnished for child support, alimony, taxes, and student loans. Garnishment requires your employer to withhold a certain amount of money from your paycheck and then send this money directly to your creditor.

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Creditor garnishments must run consecutively they cannot be concurrent. That being the case, the first creditor that executes the garnishment order is paid until the debt is settled. Then the second garnishment (if any will begin). Please note, child support and sometimes spousal maintenance is NOT considered a "true garnishment of wages". Likewise garnishment for federal and/or state taxes are not applicable as such. For example, a child support garnishment can be active at the same time as a creditor judgment garnishment. The percentage of garnishment amounts is determined by the laws of the state in which the garnishee resides.


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