Filing CH7 pro se paperwork tomorrow....wifes wages garnished today.

[GettingGoing]

I have read the nolo book and plan to file an emergency bk7 tomorrow. We were sent the garnishment summons last week so I knew it was coming, I just hoped to beat it with my filing. The took $400 (VA allows 25%). While this lost money will not help our situation I need to know what to do after I file the paperwork tomorrow to keep any further wages from being taken. The nolo book says very little about garnishments. Thanks in advance.

[justbroke]

Call the clerk of the court that issued the Writ of Garnishment. Find out how to file a suggestion of bankruptcy. Also make sure your Bankruptcy Notice is served on the the creditor who is garnishing. You may also need to file some process with the local court to get an order ending the garnishment. This is all procedural and local.

Once you receive your bankruptcy discharge, you'll need to also file that with the local court and will need to find the procedure for that.

On a different matter... don't haphazardly throw your petition together. You need to do it right, and make sure you understand what an emergency petition does, and what your responsibilities are within 15 days of filing.

[GettingGoing]

Call the clerk of the court that issued the Writ of Garnishment. Find out how to file a suggestion of bankruptcy. Also make sure your Bankruptcy Notice is served on the the creditor who is garnishing. You may also need to file some process with the local court to get an order ending the garnishment. This is all procedural and local.

Once you receive your bankruptcy discharge, you'll need to also file that with the local court and will need to find the procedure for that.

On a different matter... don't haphazardly throw your petition together. You need to do it right, and make sure you understand what an emergency petition does, and what your responsibilities are within 15 days of filing.

I have been working on the required forms for the emergency petition for well over a week. I have read this site and nolo and many other sites and have went over my paperwork time and time again. From my understanding filing this will start the automatic stay and I will have 15 days to file the rest of my paperwork. Is there something obvious that I am missing? I really have no other choice right now. Any insight you can provide would be very appreciated.

[justbroke]

Is there something obvious that I am missing?

None. Now that I have read your preparations, I'm satisfied that you understand what an emergency petition is, and what you're required to file within 15 days. Also, make sure you file this in person, since you may have some deficiencies, and you can clear them up right there! Your key will be to check your local Districts website on what's required to file an emergency petition (the checklist), and make sure you submit any required "local" forms.

I just hope you understand the parameters around how to get the garnishment stopped. Just filing the Bankruptcy will probably not stop the garnishment, and certainly not quickly.

You are more prepared than the majority who come here screaming and claiming they need to file tomorrow, yet haven't even prepared or read any guidebooks.

[GettingGoing]

None. Now that I have read your preparations, I'm satisfied that you understand what an emergency petition in, and what you're required to file within 15 days. Also, make sure you file this in person, since you may have some deficiencies, and you can clear them up right there! Your key will be to check your local Districts website on what's required to file an emergency petition (the checklist), and make sure you submit any required "local" forms.

I just hope you understand the parameters around how to get the garnishment stopped. Just filing the Bankruptcy will probably not stop the garnishment, and certainly not quickly.

You are more prepared than the majority who come here screaming and claiming they need to file tomorrow, yet haven't even prepared or read any guidebooks.

I understand. I am as prepared as I can be. Thanks again for your help and guidance. If I have any other questions or concerns I will be sure to ask here. This forum and the people on it is truly a life saver right about now. Thanks again.

[blankslate]

I filed pro se very quickly for the same reason - to stop a garnishment. Make sure that your wife sends the stamped cover sheet of your petition (with case number) to her payroll department first thing. As mentioned before, watch those deficiencies and make sure that you have everything filed ASAP before the 15 day deadline. You'll also want to sign up for PACER so you can keep track of everything going on with your case.

Good luck!