Can the treasury garnish my wages even if I am the head of household? 5 Answers as of May 08, 2017

As a partner in a business that declared bankruptcy 6 years ago, we, 3 partners, took a personal guarantee on an SBA loan that we defaulted on. The loan has now gone to the treasury for collection. I do not qualify for the means test. Can I do a Chapter 7 - business related exception or Chapter 13 at this time?

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Ronald K. Nims LLC | Ronald K. Nims
If more than 1/2 your debts (by dollar amount) are business related you're exempt from the means test and can probably file a Chapter 7.
Answer Applies to: Ohio
Replied: 5/8/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
There is a business exception to the means test. You need to see competent counsel. Never pick a lawyer that ONLY does chapter 7s. Would you see a doctor that only did half of his/her residency?
Answer Applies to: California
Replied: 4/4/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
In Nevada, being head of a household does not provide you with any protection from a wage garnishment or bank account attachment. If the majority of your debt is business related, the Means Test does not apply and is not required for you to file bankruptcy. And if you meet the Good Faith Test, the Means Test is largely irrelevant anyway.
Answer Applies to: Nevada
Replied: 4/4/2017
Stephens Gourley & Bywater | David A. Stephens
Yes, if you are responsible for the debt, by personal guarantee, etc. You can seek a business chapter 7 if the amount of the business debts exceed the amount of the other debts.
Answer Applies to: Nevada
Replied: 3/27/2017
Garner Law Office
Garner Law Office | Daniel Garner
It is nearly certain that you could do chapter 13 or chapter 7 with a waiver of the means test. Which one depends on many other factors you should discuss with an experienced bankruptcy attorney.
Answer Applies to: Oregon
Replied: 3/27/2017
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