- July 16, 2017
- Posted by: connernroberts
- Category: Bankruptcy Law
If you face the collection action — including wage garnishment– you could intend to consider bankruptcy. Bankruptcy puts an automated stay on your accounts to make sure that financial institutions can not go on with collection actions.
But what exactly happens your bankruptcy case has been dismissed or discharged? Will the wage garnishment resume? The Chattanooga bankruptcy attorneys at Conner & Roberts will assist you with navigating this complicated scenario.
The Automatic Stay
Wage garnishment could often be stopped by declaring bankruptcy. An automatic stay goes into result, which restricts creditors from proceeding with collection actions. This implies that your earnings could not be garnished during this time.
When you apply for bankruptcy, it’s vital to provide the names and also addresses of all financial institutions. This allows the court to inform the lenders that you have applied for bankruptcy. Once they obtain notice, the wage garnishment and also various other collection actions have to stop. Your employer will also be able to end the wage garnishment to ensure that the money is not extracted from your income.
The automatic stay is valid still the bankruptcy case has actually finished. Creditors can require to have the automatic stay lifted previously, yet in most cases the court will certainly not permit it. There obviously must be a reasonable ground to lift the automatic stay, and the simple desire to collect money is not one of them.
If this is not your first bankruptcy declaring, the automatic stay will certainly be extremely brief– and even nonexistent. If you declared bankruptcy in the past and the case finished within the previous year, the automatic stay will certainly last only 30 days. If you have filed for bankruptcy two times in the past year, there will be no automatic stay at all. The court does this to avoid individuals from frequently applying for bankruptcy in order to maintain wage garnishments away forever.
Wage Garnishment After Bankruptcy
When the bankruptcy case has actually been discharged or dismissed, or if the automatic stay has been lifted, wage garnishment could return to. Nevertheless, if the financial obligation was discharged throughout personal bankruptcy, then your earnings could not be garnished for that specific debt.
The majority of debts are discharged throughout bankruptcy, so it’s likely that your wage garnishments will certainly cease. The only exemptions to this rule are domestic assistance commitments. Alimony and child support payments could not be erased by bankruptcy. Therefore, if your earnings are being garnished to spend for these commitments, then bankruptcy or an automatic stay will not end the garnishments.
Obtaining Legal Help for Wage Garnishment
Nobody desires their hard-earned money extracted from their paycheck, yet however, the regulation does permit it to happen sometimes. Personal bankruptcy can assist wipe away many debts.
If you’re facing wage garnishment, you need to comprehend your legal rights. The Chattanooga bankruptcy attorneys from Conner & Roberts, PLLC could steer you in the appropriate direction based on your financial situation. Contact us for more information.