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garnishment and bankrupcty

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jennifer_welty



Joined: 13 Feb 2010
jennifer_welty's page
Posts: 1



25 Magic Points

Subject: garnishment and bankrupcty
 
Posted on Sat Feb 13, 2010 1:13 am  

my husband and I had are wages garnished, we then filed for bankruptcy with stops them from garnishing are wages we are 3 months into ch 13 and i dont like it so i want to stop the bankruptcy. If i do this can they start garnishing our wages again. i live in nevada
debranewell2008



Joined: 10 Oct 2009
debranewell2008's page
Posts: 591



108 Magic Points

 
Posted on Sat Feb 13, 2010 4:31 am  

Not saying you can not but I haven't heard of anyone stopping a bankruptcy. But to answer your question yes they can garnish your wages if you do stop the bankruptcy. Under a chapter 13 plan the money you pay into it goes to the creditors you owe there for they are receiving money so they have no reason to garish your wages and plus you are protected under the plan. Once you stop the bankruptcy then they aren't getting any money so then they will start to garnish your wages again.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: garnishment and bankruptcy
 
Posted on Sat Feb 13, 2010 7:31 am  

Hi Jennifer,

The answer to your question, whether or not creditor can garnish your wages, if you stop bankruptcy, is yes.

Debra and Jennifer, one can dismiss a bankruptcy once filed. However it is not easy to dismiss the chapter 7 bankruptcy, but chapter 13 bankruptcy dismissal is easier. This is best done with the help of an attorney. If the court finds that the dismissal won't affect the creditor negatively, the court may grant a petition to dismiss the bankruptcy.
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