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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?
Wiki User
∙ 18y ago
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.
Wiki User
∙ 18y ago
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If a bank account is frozen pending garnishment and then comes unfrozen can you take out the money?
Once the garnishment and any related fees are satisfied, the rest of the money is available for use.
How does someone collect money owed from a person who has already filed chapter 13?
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.)
What is it called when you owe money for a bill and they take it out of your paycheck?
Garnishment .
If you have a second mortgage and filed chapter 7 what is your obligation to the second mortgage?
If you don't pay the 2nd mortgage the lender will take the house. It is a secured loan so, meaning that they get something in return for lending you the money. If you don't pay back the money, they get the house.
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.
If your are waiting for a discharge of a chapter 7 can the court take your Governments stimilus package money that is coming?
Yes, just as they can take money from a tax return during the year you filed for bankruptcy.
The circuit court sent garnishment payments they received to the creditor after the date they filed the hold on the garnishment due to bankruptcy should I get that money back?
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.
How does a client get their money back if the business files for bankruptcy?
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.
I voluntarily dismissed my chapter 13 bankruptcy when will they stop taking the money out of my paycheck and will I get any money back?
You wont get any money back, garnishment should stop the next pay period after dismissal.
My fiance filed chapter 11 bankruptcy and now we want to get married can the court trustee demand more money?
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.
Being in a chapter 13 bankruptcy do you have to turn over money from an inheritance?
Should money from an inheritance be turned over in a chapter 13 case? the case was filed at least 12 months before the inheritance
If a bank account is frozen pending garnishment and then comes unfrozen can you take out the money?
Once the garnishment and any related fees are satisfied, the rest of the money is available for use.
Can you keep your ATV after filing chapter 13?
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.
How does someone collect money owed from a person who has already filed chapter 13?
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.)
What is it called when you owe money for a bill and they take it out of your paycheck?
Garnishment .
If you rent a space and they sell items for you can you still get your profits if they have filed chapter 11?
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.
Is your money safe in the bank from creditors?
No, they can obtain a court order of garnishment and remove your money at a cost to you.
