Scared & Confused

[Ripley]

I have a few questions. Here are the facts: Have 2 judgments filed against me. Only recall being served on one. I was laid off & have been unemployed for 2 years. Checking account was seized a while back but got it released under $600 wild card. I have a prospective job and I most certainly will have my wages garnished.

Here's the hard part. I own a very modest home in Missouri and the exemption is only 15K. I have a 2003 Ford Escape I am still trying to finish paying on. No other assets. Since the exemption is only 15K I assume Ch 13 is my only option. My CC debt has nearly tripled due to all the fees they tacked on to around 30-40K. I have deferred my student loans due to being unemployed.

So my questions are: How quickly can filing prevent or stop a wage garnishment? Am I just SOL on filing a Ch 7? I also have back property taxes and wondering if I would be allowed to pay on them so my house is not auctioned off. How can I research whether or not I was served on second judgement? I do recall a sheriff serving one.

Thanks in advance. I have a second interview coming up this week and need to have a plan if I am offered the position. It's not a large salary position.

[tobee43]

i'm so sorry to hear about all you problems....but it's best to tackle them one by one....and the first would be how to stop the wage garnishes if possible.

once you file....an auto stay goes into effect....maybe someone can chime in that had their wages garnished at the time of filing their bk.

i would immediately set up a few appointments with different atty's for a free consult to see where you stand and what type of bk you can file if you are able to do so.

if you file bk...after the discharge the judgments can be vacated...your atty will just file a motion to vacate on each judgment and an order will be made to have them removed...but that is only after you file and get discharged.

best of luck and it will get better!! i know it's scary...but it will work out really.

[Ripley]

tobee43, thanks for the reply. I hope to set up appointments Monday. I am reading the wage garnishment forum. My main concern aside from that is my house. Since the state exemption is only 15K I think Ch 13 is my only option once I get a job. I am 55 and it's nearly impossible to find a job. This has been a real eye opener.

[tobee43]

tobee43, thanks for the reply. I hope to set up appointments Monday. I am reading the wage garnishment forum. My main concern aside from that is my house. Since the state exemption is only 15K I think Ch 13 is my only option once I get a job. I am 55 and it's nearly impossible to find a job. This has been a real eye opener.

i was just reviewing the mo exemptions....i can understand your concern, however, i think and will really be hoping for you that it will be ok...since how the heck can you do a 13 with no job??? you need to have income to have a payback amount...

i think it will be better when you see an atty...and make certain you feel as comfortable as possible and don't feel bad if you don't like any of them...just keep trying to find someone you feel you can work with...there are plenty out there.

[Ripley]

Thanks, I know I have to have a job to file Ch 13. I would have done this sooner if I had one. Do you have any idea if past property taxes can be allowed? Meaning, would I be allowed to catch up on them? Would it be considered in a budget?

[tobee43]

Thanks, I know I have to have a job to file Ch 13. I would have done this sooner if I had one. Do you have any idea if past property taxes can be allowed? Meaning, would I be allowed to catch up on them? Would it be considered in a budget?

some taxes may be discharged but it's going to depend...the bk laws are quite complicated and really the atty you hire will be able to give you a better idea which taxes can and cannot be discharged....some types are dischargeable...while others are not. i did a chapter 7 not a 13....


you may want to post that question on the chapter 13 part of the site...we have some outstanding members with tons of knowledge that may be able to help answer that question for you....http://www.bkforum.com/forumdisplay.php?7-Chapter-13