Will Filing For Bankruptcy Relief Stop Wage Garnishments?
Under 11 U.S.C. Section 362(a), after filing for bankruptcy a creditor may not take any action against the debtor or the debtor’s property to collect any debt. Meaning that upon filling of bankruptcy the creditor may no longer garnish a debtor’s wages until otherwise ordered by the court.
Thus, wage garnishments a debtor may be experiencing will be stopped upon filing and assuming proper notice is given to the involved parties. This protection afforded to debtors is part of the automatic stay provisions that is done to protect all parties. Conversely, it will benefit creditors, as the debtor’s assets then become property of the bankruptcy estate. Meaning, the debtor-for the protection of the creditor(s), is not permitted to sell of valuable assets after filing.
Filing for bankruptcy is a complex process. Further, determining when to file is difficult enough and should be done without error to avoid mistakenly having your property subject to being taken or losing further assets in wage garnishments. Thus, it is crucial that you select a highly skilled bankruptcy attorney. I make it my goal to provide each client the dedicated time and experience to assist the client with his/her bankruptcy.
