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

The automatic stay will stop the garnishment.

Yes, a bankruptcy will stop and prevent future garnishments. It will also prevent a landlord suing you for the breached lease.

Yes

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.

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.

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.

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

Yes a bankruptcy filing imposes an automatic stay of any collection efforts including garnishments. I am happy to discuss your options with you.

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!

Bankruptcy filing will stop a wage garnishment. The landlord can only sue you for any claims that arise after you file the bankruptcy