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    #1

    Garnishment

    I hope this is in the correct file.

    Husband had a garnishment on his pay. He was laid off on 11/01/09. We filed a chapter 7 on 11/30/09. The garnishment was included. Husband was called back to work on 1/21/10. Our 341 meeting was on 1/25/10. Trustee did ask how much was the garnishment for the last 90 days. Lawyer is giving the trustee that info.

    Today we recieve a notice from husband's company that he was garnished. This is his 1st paychecks since he has been back. We called our lawyer to inform and she will be looking into why his company did not get an order to stop the garnishment with the automatic stay.

    Husband forgot to ask lawyer how long it will take to stop the garnishment and would we get that money back?

    Any help would be appreciated.
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    #2
    Originally posted by Tweeby View Post
    I hope this is in the correct file.

    Husband had a garnishment on his pay. He was laid off on 11/01/09. We filed a chapter 7 on 11/30/09. The garnishment was included. Husband was called back to work on 1/21/10. Our 341 meeting was on 1/25/10. Trustee did ask how much was the garnishment for the last 90 days. Lawyer is giving the trustee that info.

    Today we recieve a notice from husband's company that he was garnished. This is his 1st paychecks since he has been back. We called our lawyer to inform and she will be looking into why his company did not get an order to stop the garnishment with the automatic stay.

    Husband forgot to ask lawyer how long it will take to stop the garnishment and would we get that money back?

    Any help would be appreciated.
    Pertect example of how attorneys look at the big picture and not all of the extraneous details exclusively. You hire them to do a BK and that's what they do period. You are stuck trying to fix all the loose ends. My guess is that you will get the money back. But be sure your husbands employer knows that it should not be garnishing wages!

    Comment

      #3
      Separate paperwork needs to be filed by your attorney to stop the garnishment. The automatic stay sometimes will not automatically stop the garnishment and you have to contact the courts directly. Some forms of garnishment, such as child support payments and tax payments, cannot be stopped even with a declaration of bankruptcy.
      You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

      Comment

        #4
        Originally posted by jlmaca View Post
        Pertect example of how attorneys look at the big picture and not all of the extraneous details exclusively. You hire them to do a BK and that's what they do period. You are stuck trying to fix all the loose ends. My guess is that you will get the money back. But be sure your husbands employer knows that it should not be garnishing wages!
        Had a problem way back in the past and his HR person would need something in writing from the court. Understandable, you need a CO to stop a CO. Husband called his HR person to give them a heads up and to look for the paperwork which will be coming soon.

        Comment

          #5
          Originally posted by backtoschool View Post
          Separate paperwork needs to be filed by your attorney to stop the garnishment. The automatic stay sometimes will not automatically stop the garnishment and you have to contact the courts directly. Some forms of garnishment, such as child support payments and tax payments, cannot be stopped even with a declaration of bankruptcy.
          This is from a creditor. We don't owe any back taxes or child support. Kind of funny, the creditor who gets the garnishment is a lawyer.

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