Can I stop garnished wages after I file for bankruptcy? 23 Answers as of August 10, 2011

If my wages were being garnish before I filed bankruptcy, can I get that stopped after I file ? Can my landlord sue me after I have filed bankruptcy and moved out ?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
The automatic stay will stop the garnishment.
Answer Applies to: Washington
Replied: 8/10/2011
Heupel Law
Heupel Law | Kevin Heupel
Yes, a bankruptcy will stop and prevent future garnishments. It will also prevent a landlord suing you for the breached lease.
Answer Applies to: Colorado
Replied: 8/9/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Yes
Answer Applies to: Maryland
Replied: 8/6/2011
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
It depends on the form of bankruptcy Ch 13 or Ch 7. Under a Chapter 7 filing protection is given under the automatic stay provision, which generally prevents creditors from collecting debts from you. Under the automatic stay, creditors are not allowed to call you or send you collection letters. They also cant take or continue any legal action against you or repossess your car or other assets.If a garnishment order has been issued the automatic stay stops garnishment of your wages and will not resume after the discharge. Notice of the bankruptcy should be sent to your landlord of the filing.
Answer Applies to: Massachusetts
Replied: 8/3/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Any debts that you owed prior to bankruptcy are discharged, including the back rent owed to your landlord and the debt your wages were being ganished from.
Answer Applies to: California
Replied: 8/3/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Upon filing bankruptcy the automatic stay can stop the garnishments and the associated creditor would then file a bankruptcy claim. As far as your landlord suing you, there really is not enough information to answer you specific question. Generally though, a lawsuit for an unlawful detainer damages or a breached lease would also be stopped under the automatic stay and any money owed your landlord would be submitted as a bankruptcy claim. Depending on your circumstances and bankruptcy chapter these claims may be discharged.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Within certain limitations, bankruptcy-filing automatically and immediately stops garnishments. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action
    Answer Applies to: California
    Replied: 8/3/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Yes a bankruptcy filing imposes an automatic stay of any collection efforts including garnishments. I am happy to discuss your options with you.
    Answer Applies to: Georgia
    Replied: 8/2/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes, the garnishment would generally stop as soon as you file (assuming that it wasn't for a nondischargeable debt, i.e. drunk driving, child support etc). As long as you have moved out prior to filing the bankruptcy, the money owed to your landlord for back rent is dischargeable in bankruptcy. However, if you stay there after filing, then it is considered new debt and you would have to pay the rent. Good luck!
    Answer Applies to: Michigan
    Replied: 8/2/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    Bankruptcy filing will stop a wage garnishment. The landlord can only sue you for any claims that arise after you file the bankruptcy
    Answer Applies to: Texas
    Replied: 8/2/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing bankruptcy creates an automatic stay against wage garnishment. Send notice to the creditor. If you have vacated prior to being sued the landlord cannot file a lawsuit.
    Answer Applies to: California
    Replied: 8/2/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes, a garnishment would be stopped by filing bankruptcy. If you have moved and all that the landlord can sue for is back rent, then no, the landlord cannot sue you and that debt can be discharged in bankruptcy as well.
    Answer Applies to: California
    Replied: 8/2/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Wage garnishment ends immediately upon filing the bankruptcy petition with the court.
    Answer Applies to: Indiana
    Replied: 8/2/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, bankruptcy will stop the wage garnishment. The landlord can do nothing after you have moved out and filed for bankruptcy.
    Answer Applies to: California
    Replied: 8/2/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Yes, filing bankruptcy will stop a wage garnishment dead in its tracks. If your landlord is going to sue you after you've moved out it's not for possession of the premises, it's probably for unpaid rents, etc. You should be able to list that on the bankruptcy petition that you file in order to get that debt discharged. Don't wait too long to file if your wages are being garnished, because whatever is taken from you on the garnishment is likely to not be recoverable in the bankruptcy, and therefore you may not get back what was garnished, but only be able to stop future garnishment.
    Answer Applies to: California
    Replied: 8/2/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Absolutely and every time.
    Answer Applies to: California
    Replied: 8/2/2011
    Koch Laron Law
    Koch Laron Law | Phillip Koch
    YES, send your employer and the company doing wage garnishment your BK filing paperwork and direct them garnishment must stop immediately. Your landlord can sue you after you moved out, but he would first have to get permission from BK court (if BK still ongoing) and he would end up with unenforceable judgment. Send him BK info also and tell him to cease and desist. If you have any other issues, our firm is available for free 30 min. consult. I can be reached at "kirklaronlaw@gmail.com" Good luck
    Answer Applies to: California
    Replied: 8/2/2011
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