Do wage garnishments go on any of the schedules? Is it considered an expense

[djd]

What a catch-22

If wages are being garnished, is the monthly amount included on any of the schedules or is the entire debt only listed ? It seems silly for it to be considered a monthly expense since I won't have it after it's discharged, but since the money is being forced from me through garnishment, I don't see how it's not an expense, it's involuntary, I don't have a choice.

Therefore, how can I be able to show what I really need to spend for living expenses like food and such, on schedule J if I don't have a chance?

[free2breathe]

I believe the garnishment should stop when you file, unless the garnishment is for child support or back taxes. Once you file, your attorney needs to notify your employer and the attorney who represents the creditor that is garnishing your wages. Hopefully, getting the information will cause your employer to stop the garnishments right away. Because you will be listing the debt for discharge, you don't list it on your schedule J, which is a forward looking snapshot of what you can reasonably expect your expenses to be.

I'm not an attorney, and someone will correct me if I'm wrong on this, but this is how I understand it to work.

[djd]

That's what I thought. I think it is however listed in the statement of financial affairs only if the payments totaled over $600 in the past 90 days. Only so that the trustee can get the money back and divide it equally.
Of course, I will list a whole slue of anticipated expenses expected to occur within the year after filing, like getting health insurance again, paying on my student loan again, and car repairs that I've had to postpone because of the garnishment.

[tcreegan]

Hi djd,

free2breathe has it right; going into the means-test, the garnishment gets deducted from gross pay. Going into schedules I&J you use gross pay with no garnishment. Sched I&J are your post-BK income and expenses.

Also careful w/ student loans, they are not dischargeable and sometimes not allowed as an expense...ack!

Good luck with everything!

Tom in Colo