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What happens if a creditor garnishes after filing bankruptcy?


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2010-03-09 05:59:14
2010-03-09 05:59:14

I assume you mean after YOU filed bankruptcy (the creditor's filing bankruptcy doesn't affect your garnishment, except maybe to change who's "garnisheeing"--NOT "garnishing"--your wages). If so, contact your attorney so he/she can bring the creditor into court for violating the automatic stay.


Related Questions

No, unless the creditor gets relief from stay or the bankruptcy is dismisssed.

What do you mean? Filing bankruptcy is basically the same no matter what the reason for the filing.

When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."

After filing for bankruptcy in Canada you may borrow money. The risk is borne by the creditor. During bankruptcy, after filing but prior to being discharged, you may obtain credit with a value of up to $1,000. without advising the creditor of your bankruptcy. Should you seek to borrow more than $1,000 you are obliged to advise the lender that you have filed for bankruptcy.

By filing a proof of Claim, or by addressing questions/arguments to the court

Yes, all creditors have the legal option of filing a Motion for Relief From Stay to allow them to be excluded from the bankruptcy petition.

The creditor can legally pursue collection of the debt owed from the non-filing spouse by whatever means they deem necessary, including filing a lawsuit.

For filing bankruptcy? No. Filing for bankruptcy is not illegal and your right to do so cannot be waived by contract.For fraud? Yes, but the fraud would have to be proven.For the money you owe? Possibly, but pointless, since they are already a creditor and a successful lawsuit will only make them a creditor, which they were to begin with. It wouldn't even raise their standings in the priority of repayment from the bankruptcy discharge.

If you wreck your car after filing for Chapter 13 bankruptcy you can file it on your insurance. You can then replace your car based on the bankruptcy order.

Yes. It is the most common reason for filing for bankruptcy. If the judgment creditor had an execution issued and attached any equity in your home, you may have a problem.

You are not prevented from moving as a result of filing bankruptcy. Filing bankruptcy is not a crime.

Only those creditors you list on your bankruptcy schedules / creditor matrix (list) will receive actual notice.

Yes, if the creditor first obtains relief from the automatic stay. This is accomplished by filing a motion and proving that you have not made payments on the vehicle.

If you are on the brink of bankruptcy... you probably can't get a credit card. Opps... didn't read that right. Sorry. I really don't know.

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.

A judgment is final and does not change. The creditor was awarded and filing bankruptcy is a different issue. Also state laws vary. A petition in bankruptcy lists the debtor's assets, liabilities, and debts so that a realistic arrangement for the payment of creditors can be devised.

That decision is up to the creditor who is considering grantin you credit. It really depends on what they have with their credit since filing for bankruptcy.

Yes, in fact they might ask the debtor if that is what they are considering. It is the opinion of some that a creditor might rush to file suit but this is a ridiculous argument, as lawsuits can be stopped and then discharged in bankruptcy. Also it takes an average of 15-20 months for the typical creditor-debtor suit to reach court, as opposed to the average bankruptcy filing of a few months.

It may, I would make sure they are listed as a creditor upon filing.

If you receive an inheritance within 180 days after filing bankruptcy, it becomes the property of the bankruptcy estate and the Chapter 7 trustee can distribute the proceeds for the benefit of creditors.

Possession is 9/10th of the law. Not if the vehicle qualified to be listed in the bankruptcy filing. In which case no action pertaining to the vehicle can be taken until the bankruptcy proceedings are finished.

"It is possible to refinance after filing for bankruptcy. However, there must be a certain interval of time between refinancing and filing for bankruptcy that varies depending on the country you are filing in."

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