Automatic Stay

[jkerr731]

Great forum, lurking here for months. Wages just started being garnished so I have to file pro se Ch. 7 now. Can't seem to find info regarding Auto Stay, if I recieve a document when I file to fax to payroll to stop garnishments?

Also, worried about the fact my mortgage payment will be little more than
half our net pay and the reaffirmation could get denied by the trustee. Only bright spot is income should be increasing, daycare costs will disappear next year and one car will paid off in next 18 months.

Have two liens against home which I suppose I have to motion to avoid lien, that is slightly upside in terms of equity so that is the reaon for Ch 7 and passing the means tets prior to our househopld income increasing over time.

Any experience or reference greatly appreciated. Also looking at a few websites to dowload software and fill out forms, standardlegal.com is the frontrunner so far.

Jason

[justbroke]

Great forum, lurking here for months. Wages just started being garnished so I have to file pro se Ch. 7 now. Can't seem to find info regarding Auto Stay, if I recieve a document when I file to fax to payroll to stop garnishments?

You should deal with the person garnishing your wages (garnishor). Send them a demand letter to stop. Also, you may need to send the Notice of Bankruptcy to your payroll department. This may not stop the garnishment, as they may want an actual court order. You may need to file a suggestion of bankruptcy with the court that issued the garnishment order. In any event, you have work to do.

Also, worried about the fact my mortgage payment will be little more than half our net pay and the reaffirmation could get denied by the trustee. Only bright spot is income should be increasing, daycare costs will disappear next year and one car will paid off in next 18 months.

Well, the Trustee doesn't can can't deny your reaffirmation. It is up to the Judge. In most cases, and based on underlying State non-bankruptcy law, the Judge may not grant the reaffirmation if you are paying on time (not behind even one day), and the law provides the powerful and useful "ride-thru"!!!

Have two liens against home which I suppose I have to motion to avoid lien, that is slightly upside in terms of equity so that is the reaon for Ch 7 and passing the means tets prior to our househopld income increasing over time.

You cannot avoid a lien (mortgage) in a Chapter 7. If you are way underwater on the home, the Judge may not approve the reaffirmation. You will have to make some tactical and strategic decisions on how to deal with the second mortgage, if that's causing you issues. I don't see a Judge approving a reaffirmation if this is indeed the case.

Any experience or reference greatly appreciated. Also looking at a few websites to dowload software and fill out forms, standardlegal.com is the frontrunner so far.

I have no reviews for the site you list. I would read some more threads here at BKForum that are relevant to your case.

I would learn more about reaffirmations, and why you shouldn't do one... if you don't need to.

I would learn more about Chapter 7 cases and what you can and can't do... like you can't strip a mortgage lien in a Chapter 7.

If you have assets to protect, with equity, you need to really be good at your State's Exemptions and learn how to protect them.

[blankslate]

I don't know about the mortgage but I do know about the Automatic Stay and garnishment. As soon as I left the court house from filing, I called my payroll department and faxed them the cover sheet of the petition with the stamp that included the case number. That is all the notice they need and they cannot take garnishments out of your paycheck.