No!! except in cases of I believe child support, or money owed to the I.R.S. and stuff. But your average VISA, MasterCard, or J.C. PENNY charge account ? No they can't garnish you once you file chapter 7 or 11, or whatever. Of course if you open a new line of credit AFTER you file, then yeah, 'cause you cant file bankruptcy again for 7 years I believe it is. (But what idiot, would wind up back in bankruptcy so quickly ? filing is such a nightmare now, it makes you want to manage your spending much more carefully)
The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.
If there is a judgment and a garnishment allowed by the court this could happen. However, this barely ever is approved for unsecured debt. Most people would file bankruptcy before they allowed their wages to be garnished.
Yes. Even though the vehicle was repoed, they could take you to court for the remaining balance, or what they didn't recover through resale of the vehicle. You would be notified that you are being sued, and have the opportunity to go to court in your defense. If the court finds in favor of the lender (which they generally do), you could have your wages garnished. That may be the point where you have to decide if bankruptcy may be right for you. Bankruptcy would stop those proceedings and keep your wages from being garnished.
Can wages be garnished for the balance of an auto loan in the state of Delaware
Direct deposit of any monies while filing for Chapter 7 bankruptcy are safe. However, under Chapter 13 bankruptcy, an automatic payment may be required to the trustee from a direct deposit of wages and other sources of income.
Bankruptcy can actually stop wage garnishments. If you can provide proof of financial hardship, wages won't be garnished during the bankruptcy.
Yes! That's one of the most important parts of bankruptcy filing, the Automatic Stay, which STOPS garnishments, foreclosures, etc immediately. To the extent that your wages have already been garnished, you will not get that money back.
your wages still garnished
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.
Since a 'garnishment' of wages is a legal method for repayment of a legitimate debt it is EXTREMELY doubtful you would get any of it back. Is there some info missing from the question that would clarify WHY this might even be considered ?Because OP can actually be reimbursed for garnished wages collected during the 90 days prior to filing, provided the amount garnished was over $600 during that time. Plenty of case law to back that up. It's really something OP needs to discuss with the trustee.
No, credit card debt is always considered "unsecured" regardless of what legal action may have been implemented in the collection of monies owed,
No. And the filing will stp the garnishment, at least temporarilary. The debt, and all your others, as well as all your assets, will be involved in the BK.
Yes, when a home is foreclosed on in Tennessee and there is a deficiency between the amount collected and amount owed, your wages can be garnished to pay the difference. You may be able to file an exemption or file for bankruptcy to avoid this.
The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.
yes
Chapter 13 (and all) bankruptcy is Federal Filing. And, no, usually Vets benefits are protected under bankruptcy. See an attorney familiar with these matters.
Yes