Stopping Lawsuits, Garnishments and Bank Levies

When a person doesn’t earn enough money to cover his or her expenses, life can be stressful enough. Unfortunately, this financial stress can become overwhelming when one or more of an individual’s creditors threaten to take legal action to collect money from a debtor.

For example, credit card companies and medical providers often bring civil lawsuits against debtors who do not pay their bills. Once a creditor obtains a judgment against a debtor, the creditor can begin garnishing the debtor’s wages or seizing money the debtor has in his or her bank accounts. This can have serious negative consequences for some debtors, who may not be able to afford to put food on the table or pay their monthly rent if all of the money in their bank account is suddenly seized.

Fortunately, bankruptcy can offer relief for people who are being threatened with lawsuits, garnishments or bank levies by creditors. Once a person files a bankruptcy petition, an automatic stay goes into effect. The automatic stay prohibits creditors from taking any further action to collect debts from the petitioner for the duration of the bankruptcy proceeding. As a result, creditors must immediately stop from garnishing a person’s wages or seizing his or her bank accounts.

In addition to stopping wage garnishments and bank levies, the automatic stay can benefit debtors in many other ways, such as by delaying evictions or utility shut-offs, stopping repossessions and can even be used to prevent a home foreclosure in certain circumstances. If you have questions about whether the automatic stay could help you, contact a local bankruptcy attorney.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Can Wage Garnishments be Stopped when Filing for Bankruptcy?

If you haven’t yet filed for bankruptcy, but are in debt to some creditors, it is possible that they can have the court order that your wages be garnished if they provide evidence you are not paying them. This simply means that your payments to the creditor are directly pulled from your paychecks before you actually get the money. However, filing under Chapter 7 or Chapter 13 bankruptcy should stop your wages from being garnished by creditor debts. This only applies to dischargeable debts, though; your non-dischargeable debts such as student loans can still be pulled from your paychecks if you’re late on payments.

Filing for bankruptcy puts what is called an “automatic stay” on any dischargeable debt you owe creditors. This means that creditors are no longer allowed to collect money from you, which ultimately means they are no longer able to go through with garnishing your wages. The “automatic stay” only stops your wage garnishments during the process of filing for bankruptcy, what happens to wage garnishments after your bankruptcy all depends on which type of bankruptcy you file under.

Under Chapter 7 bankruptcy, your nonexempt property is sold to help pay off whatever debt is owed to creditors. Any debt that you have remaining will be discharged. Because this type of bankruptcy wipes out any dischargeable debt, it will permanently stop creditors from garnishing your wages because you will no longer owe them money.

Chapter 13 bankruptcy has a much different plan for dealing with debts than Chapter 7. When filing for this type of bankruptcy, you won’t need to sell any of your property (exempt or nonexempt); instead, you will create a type of affordable payment plan to pay off your debts. With this type of bankruptcy you will include the debt causing the wage garnishments in to your payment plan.

Just remember that wage garnishments can only be stopped for dischargeable debt, they cannot be stopped for any non-dischargeable debt such as child support, alimony, or student loans.

https://www.alllaw.com/articles/bankruptcy/using-chapter-7-wage-garnishment.htm

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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