Question
Can the creditor still take money?
I filed for a Chapter 7 bankruptcy. We notified the creditor who has been garnishing my wages and informed the bank that they needed to block the collection. They still continued to take money out of my wages for the next few paychecks. Was this legal? What can I do?LawQA.com Answer Library
Answered By: Klinger Law Center
If you were represented by an attorney in the bankruptcy filing, tell him or her. If not, go get one, this is a stay violation.
Answer Applies to: California
Replied: 8/20/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/20/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Michael J. Berger
A bankruptcy filing stops garnishments. Make sure that your employer, any sheriff involved, and the creditor have all received notice of the bankruptcy filing. Any taking of your wages after the filing of the bankruptcy was a violation of the automatic stay (11 USC Section 362) and was not legal. If you can not get relief by talking to your employer, the sheriff, and the creditor or creditor's attorney, you or your attorney should prepare and file an Application for an Order to Show Cause re Contempt for Willful Violation of the Automatic Stay.
Answer Applies to: California
Replied: 8/19/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
It depends on what type of debt you owed. Most debts should be discharged in the bankruptcy but not all are.
Answer Applies to: California
Replied: 8/19/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Bankruptcy
- Do I need to disclose a power of attorney account if I file bankruptcy?
- Do I have to list student loans on Chapter 7?
- If a trustee dismissed my bankruptcy case, can I re-file?
- If my Chapter 13 got thrown out, can I file a Chapter 7?
- If my Chapter 13 got thrown out, can I file a Chapter 7?
- Can my late husband's debt affect my personal bank account?
- How do I get a FHA loan 5 years after bankrupcy?
- Are my children's education funds included in a bankruptcy?
- Can I cancel my bank account before the creditors take my money?
- Is it possible to file for bankruptcy if I am outside the country?
- What happens if I change my mind about the chapter 13 payment plan?
- Does filing a Chapter 7 bankruptcy protect one from going to jail for child support?
- If two names are on mortgage, if one files for bankruptcy can the other lose the home?
- Can I file for bankruptpcy if my divorce is not finalized yet?
- Can I still file for a chapter 13 bankruptcy if I just got fired?
- After a chapter 13 bankruptcy what assets am I allowed to keep?
- What happens if I file for a chapter 7 bankruptcy and my debts are not all liquidated?
- What happens if I file for bankruptcy while my home goes into foreclosure?
- If I file for bankruptcy can I still use my credit cards?
