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Wage Garnishments during BK

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    Wage Garnishments during BK

    I have a significant debt to the Department of Defense which was sent over to the Treasury department for collections. I have attempted to negotiate a voluntary payment or settlement, etc, with them to no avail. They began garnishing my wages almost a year ago. Because the debt is to the government, they can garnish wages without court proceedings or a judgement against me.

    I was still under the impression, though, that they could not garnish my wages during the bankruptcy, beginning as soon as I filed last week. My payroll department will not stop the garnishment without either a court order or the creditor(the government in my case) telling them to stop the garnishment. I also don't even have the notice of 341 meeting in the mail yet, should come any day - so as far as I know, there is no paperwork whatsoever from the Court that I could send to my payroll.

    I spoke with the Treasury this morning, and the woman I spoke with told me they would stop the garnishment...after the 341 meeting and after the trustee declared my case a no asset case. I honestly have no idea what that has to do with the garnishment but it's what she said.

    I would REALLY like to avoid having my paychecks between now and the no-asset declaration garnished, but don't know how to do this, or if it is even possible. For all I know, the government is allowed to garnish paychecks during a bankruptcy. I'm waiting to hear back from my attorney, but thought I would see if any of you have ideas or thoughts? Is there anything included in the paperwork I will receive from the court re: my filing that will be suitable for convincing payroll to stop garnishment?
    Filed: 12/29/11
    341 Meeting: 1/23/12

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