How do I deal with a garnishment?

[sasha9902]

I had a garnishment that is already placed on my paycheck. I am doing my Sched I right now... The garnishment is an employer deduction... I think... do I list it here? Or do I wait until the Sched J to put it as an expense? I am really confused.

[lrprn]

I had a garnishment that is already placed on my paycheck. I am doing my Sched I right now... The garnishment is an employer deduction... I think... do I list it here? Or do I wait until the Sched J to put it as an expense? I am really confused.

The garnishment isn't an ongoing expense or an ongoing employer deduction because the automatic stay will go into place the day you file and will stop the garnishment.

If you haven't done so yet, set up 3-4 free initial consultations with experienced bk lawyers in your area to review your case and see if there are any troublesome issues with your financial situation.

If you plan to file on your own, then you need to learn a great deal about filing Ch 7 quickly to avoid making mistakes if possible. One good source is the NOLO book "How to File for Ch 7 Bankruptcy: at http://www.nolo.com/products/how-to-...uptcy-HFB.html. It is well worth the $32 and can help prevent the most obvious mistakes pro se (without a lawyer) filers typically make. Do a search online because sometimes coupons or discounts are available for this book or you can download it as an electronic version for only $26. The book can also be ordered on the usual online book websites as well - Amazon, Barnes & Noble, etc.

Good luck to you!

[sasha9902]

The garnishment isn't an ongoing expense or an ongoing employer deduction because the automatic stay will go into place the day you file and will stop the garnishment.

If you haven't done so yet, set up 3-4 free initial consultations with experienced bk lawyers in your area to review your case and see if there are any troublesome issues with your financial situation.

So what you are saying is that because the garnishment is not a constant deduction, I should not list it on this Sched? If that is the case... where do I put this information? Do I count it as an expense and list it on the next schedule? This money is leaving my check every pay period and it is effecting my bottom line... How do I reflect that?

I have already looked at the means test to ensure that I am not "abusing" the bankruptcy. The only thing bk lawyers have done for me so far is tell me that it will cost over $1000 to file and all that needs to be paid up front. I am unsure how a consultation will help because they want me to purchase the service, and if I could pay them, I wouldn't have a garnishment in the first place.

[lrprn]

Sasha, when you file bankruptcy, the garnishment will stop. Therefore you can't count it as an expense on your forms.