How do I list garnishment on schedule C? 15 Answers as of December 21, 2011

I have a wage garnishment that started just prior to my filing chapter 7. Due to us not listing the garnishment as an asset it has continued. At the trustee meeting, he told us we need to list garnishment as an asset and exempt it. The amount is different each pay period. How do I list it in the amendment?

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Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Money lost by way of garnishment should be listed as an asset in schedule B of the petition and schedule C as an exempt asset. Send a notice to the creditor requesting reimbursement to you and also it will stop the garnishment.
Answer Applies to: California
Replied: 12/21/2011
J.M. Cook, P.A. | J.M. Cook
Unless you are the one garnishing someone else's wages, it isn't an asset. As a liability, it should be listed on E or F, depending on the nature of the debt. You would also show it on Schedule J as a deduction from gross income or Schedule I as a expense.
Answer Applies to: North Carolina
Replied: 12/21/2011
Heupel Law
Heupel Law | Kevin Heupel
Garnishments are not exempt, and thus, you would not list in on Schedule B or C. YRemember, bankruptcy is federal law governed by legal rules and procedures. You'll find using an attorney will get you a better result.
Answer Applies to: Colorado
Replied: 12/21/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You amended Schedule B to add it, and claim it as exempt on Schedule C - you have oi fill in the right code sections. More importantly, you must amend Schedule F to add that creditors to they stop garnishing. Send a copy of the petition directly to the creditor right away.
Answer Applies to: California
Replied: 12/20/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You have already royally screwed up by filing pro se. Get a lawyer. You are so far over your head that the best I can say is that you need to fix far more than schedule C. You also need to amend schedule B, and I bet also need to amend the statement of affairs and probably file motions and other paperwork in the bankruptcy court and state court. Even if you failed to list it as an asset, if you properly had scheduled the creditor, state court and creditor's counsel, the garnishment would have stopped. Note that the failure to file correct paperwork could also result in dismissal of your case. Again, get a lawyer before it is too late to fix things.
Answer Applies to: Georgia
Replied: 12/20/2011
Edward Papa, Esq.
Edward Papa, Esq. | Edward Papa
And what did your attorney say? Garnishments should stop. If they are continuing then you need to have your attorney put the creditor on notice of the bankruptcy stay. As for recovering and exempting the garnishment, your attorney should be handling that as well.
Answer Applies to: New York
Replied: 12/20/2011
Law offices of John P. Brooke | John Brooke
I think you might be a little confused as to what the trustee said. Schedule C lists your exemptions for your assets. When a creditor garnishes your wages it will stop with a chapter 7 bankruptcy. It is not an asset but should be listed on the Statement of Financial Affairs and the creditor should be listed on schedule F if it is unsecured so it would be discharged. Since the wage garnishment will stop you may have to list the extra income on your schedules I and J. If the creditor is not listed in your bankruptcy you will have to make an amendment to the petition schedules and pay a fee to the court of $30.
Answer Applies to: New York
Replied: 12/20/2011
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
You can list the total balance that will be paid through the garnishment as the asset.
Answer Applies to: Florida
Replied: 12/20/2011
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
You should be able to calculate the amount garnished by examining the garnishment order entered by the Court and multiplying the stated garnishment amount by the number of pay periods affected by that order. Use the number through the most recent pay period - or if you are on the eve of another one, then the current pay period.
Answer Applies to: Illinois
Replied: 12/20/2011
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
If you're the one being garnished, the garnishment would most certainly NOT be an asset and it does not need to be listed in schedule C exemptions. You can exempt your wages, but that is something entirely different. You need to list it in your statement of financial affairs, and list in Schedule F the person that is garnishing you as your creditor.
Answer Applies to: Florida
Replied: 12/20/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The total dollar amount withheld from your wages prior to filing is listed on Schedule B, probably on line 35 and listed as exempt (using the applicable exemption) on Schedule C.
    Answer Applies to: California
    Replied: 12/20/2011
    The Stockman Law Office | Mary Stockman Esq.
    A garnishment which is deducted from your payroll check should be stopped if it is for a debt which is dischargeable when you file bankruptcy.If the garnishment is for your benefit and comes to you, for something likechild support or alimony, deducted from another person's payroll check or funds, then it should be listed as income. I am not certain why a trustee would say it is an asset unless it is for a lump sum debt owed to you such as a payment for a loan orpayments awarded to you in a law suit. Then it would be a receivable and would be an asset listed as a debt owed to you. Whether or not it is exempt depends on the character and amount of the total debt to you.
    Answer Applies to: Florida
    Replied: 12/20/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    To stop the garnishment, you need to provide proof to the creditor and the sheriff as well as your payroll department that you filed the bankruptcy. Listing the garnishment as an asset will not stop the garnishment, you need to give notice to all parties of the filing.
    Answer Applies to: California
    Replied: 12/20/2011
    Sanders Law, P.A. | Andre Keith Sanders
    You need to total up how much has been garnished thus far and put it into schedule B, then exempt that amount in schedule C, or as much as you can with your exemptions left.
    Answer Applies to: Florida
    Replied: 12/20/2011
    THOMAS G. GILL, P.A. | Thomas G Gill
    The wage garnishment stops as soon as you file. You have to notify the creditor that is garnishing your wages. You also need to file a "suggestion of bankruptcy" in the court where the garnishment was ordered. You can recoup money garnished in the 90 days prior to the filing of your bk if the total exceeds 600.00 and you listed it on schedule B and exempted it on schedule C.
    Answer Applies to: Maryland
    Replied: 12/20/2011
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