One Month Post Filing and Wages Are Still Being Garnished

[DesdemonaB]

Thank you very much for the feedback DesdemonaB. I hadn't even thought of that. My 341 is on the 31st (next Tuesday), I doubt I'll get any sort of refund before that time. Since I owe the money regardless, I actually would rather not even have a refund, I'd rather the state just keep the money and just stop the garnishment.

But I have a notebook neatly divided into sections, including paystubs, bank statements, every single account including in the bankruptcy, tax returns etc...that notebook is for me to take to the 341.

Isn't it funny that it's always the longest road to do the right thing? You could get a refund, your UST can take that refund, that refund would then be turned into an asset which would be distributed to your creditors, and taxes are always first in line so the money would just go back to where it came from. But that's our gov't at work.

Sounds like you are very prepared - so good luck with everything.

[disconapper]

Isn't it funny that it's always the longest road to do the right thing? You could get a refund, your UST can take that refund, that refund would then be turned into an asset which would be distributed to your creditors, and taxes are always first in line so the money would just go back to where it came from. But that's our gov't at work.

Sounds like you are very prepared - so good luck with everything.

Thanks DesdemonaB. It's humorous at this point, I know. The state can keep what they have already taken...I really don't want it, I just want them to stop taking 25% of my net pay, I simply want the rights I am entitled to under bankruptcy protection. All I want is for the garnishment to stop and post discharge to return to my original payback plan. I seriously doubt they will stop the garnishment even this week (I am paid every Wednesday). I'd be shocked to see a refund before the 31st, Maryland is moving at a snail's pace. So, I'm not going to fret over it now, and go to the 341 on the 31st and address the issue if the Trustee brings it up. All I can do is shake my head at this point and laugh.

[DAE]

disconapper, be careful at the 341 meeting. The trustee may very well ask you the question: "Does anyone owe you money?" It seems to me that your answer to that is "yes" now that you' been told by the State that they improperly withheld those funds. So even if the check doesn't arrive until after the 341 meeting, failing to answer that question honestly puts your entire bankruptcy petition at risk. Of course, I'm sure you wouldn't do that, but be careful.

[disconapper]

disconapper, be careful at the 341 meeting. The trustee may very well ask you the question: "Does anyone owe you money?" It seems to me that your answer to that is "yes" now that you' been told by the State that they improperly withheld those funds. So even if the check doesn't arrive until after the 341 meeting, failing to answer that question honestly puts your entire bankruptcy petition at risk. Of course, I'm sure you wouldn't do that, but be careful.

WOW, Dae, I had not even thought of that. Glad you pointed that one out, I think being caught off guard I would have handled it, but thanks for the heads up. Maryland is such a pain in my hind parts....

[IamOld]

WOW, Dae, I had not even thought of that. Glad you pointed that one out, I think being caught off guard I would have handled it, but thanks for the heads up. Maryland is such a pain in my hind parts....

RIGHT! DAE is right!!! and if you get asked that answer with a full answer - that they overwithheld your garnishment - maybe even take the emails to/from the MD atty.

[disconapper]

RIGHT! DAE is right!!! and if you get asked that answer with a full answer - that they overwithheld your garnishment - maybe even take the emails to/from the MD atty.

Absolutely IamOld, I'm printing the email from the Maryland Attorney at the Comptroller's office and taking it with all my other supporting documents. It's not a huge amount of money considering I do not make a lot of money (about $620 total before my 341--that is the TOTAL amount that has been garnished since I filed) so if it raises an eyebrow by the Trustee hopefully it the eyebrow quickly settles.

[IamOld]

Absolutely IamOld, I'm printing the email from the Maryland Attorney at the Comptroller's office and taking it with all my other supporting documents. It's not a huge amount of money considering I do not make a lot of money (about $620 total before my 341--that is the TOTAL amount that has been garnished since I filed) so if it raises an eyebrow by the Trustee hopefully it the eyebrow quickly settles.

Right - I don't think it's an issue, but DAE is right - it's better to be overprepared...than not! Again, best of good luck!!!!!