Can the creditor still take money? 3 Answers as of August 20, 2010

I filed for a Chapter 7 bankruptcy. We notified the creditor who has been garnishing my wages and informed the bank that they needed to block the collection. They still continued to take money out of my wages for the next few paychecks. Was this legal? What can I do?

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Klinger Law Center
Klinger Law Center | Linda Klinger
If you were represented by an attorney in the bankruptcy filing, tell him or her. If not, go get one, this is a stay violation.
Answer Applies to: California
Replied: 8/20/2010
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
A bankruptcy filing stops garnishments. Make sure that your employer, any sheriff involved, and the creditor have all received notice of the bankruptcy filing. Any taking of your wages after the filing of the bankruptcy was a violation of the automatic stay (11 USC Section 362) and was not legal. If you can not get relief by talking to your employer, the sheriff, and the creditor or creditor's attorney, you or your attorney should prepare and file an Application for an Order to Show Cause re Contempt for Willful Violation of the Automatic Stay.
Answer Applies to: California
Replied: 8/19/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
It depends on what type of debt you owed. Most debts should be discharged in the bankruptcy but not all are.
Answer Applies to: California
Replied: 8/19/2010
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