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Garnishment before filing Ch 7

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    Garnishment before filing Ch 7

    What happens if I get my wages garnished before I file CH 7? Does the creditor have to return the money when I file or does the trustee get the money and distribute it to the ohter creditors or does the garnished monies get returned to me?

    #2
    Originally posted by tez44xx View Post
    What happens if I get my wages garnished before I file CH 7? Does the creditor have to return the money when I file or does the trustee get the money and distribute it to the ohter creditors or does the garnished monies get returned to me?
    I believe it depends on how much was garnisheed prior to filing. If its over the $600 preferential payment amount then I believe the trustee can demand all the money back to distribute to your creditors. In my case the creditor garnisheed about $500 prior to my bk7 filing. When the creditor was notified of my filing the sent a letter to my employer instructing them to turn the money over to the trustee however. My employer however just sent me the money and the trustee never asked about it.
    -Filed Ch7 pro se 04/14/2010
    -341 Meeting is 05/24/2010 (went uneventfully well)
    -Report of No Distribution 6/4/2010
    -Discharge 7/28/2010

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