How do I obtain garnished wages from trustee in chapter 7 filing? 21 Answers as of August 26, 2011

How do I obtain garnished wages from trustee in chapter 7 filing? Court clerk said she has to send them to the trustee

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Heupel Law
Heupel Law | Kevin Heupel
Unfortunately you cannot recover the garnished wages as they are property of the Chapter 7 trustee.
Answer Applies to: Colorado
Replied: 8/26/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Your attorney should get that back for you.
Answer Applies to: Washington
Replied: 8/10/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
File motion
Answer Applies to: Maryland
Replied: 8/6/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Sounds like you're filing without counsel. If you're in VA you need to file a homestead deed within 5 days of the 341 to get them back or the trustee will keep them. You can call the Trustee's office and ask about getting it back. There's a specific form, and that may be on the bankruptcy court's site. It may also be on the county land records site.
Answer Applies to: Virginia
Replied: 8/4/2011
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
If you filed for Chapter 7 bankruptcy then one of theprotections is 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. If a garnishment order has been issued then the automatic stay stops garnishment of your wages.
Answer Applies to: Massachusetts
Replied: 8/3/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    How did the court clerk get them? Who is garnishing your wages? Typically it is the Sheriff's office that sends out the levy notice to your employer. This doesn't have anything to do with the Trustee in your case, or the court clerk. If the wages were garnished AFTER your bankruptcy case was filed, then they should be returned to your employer who would then turn them over to you. If this was pre-bankruptcy garnishment, that's a little trickier. You need to have listed the garnished amount as an asset, exempted it in Schedule "C", and then you have to bring a Motion to Avoid the Lien under 11 USC 522(f).
    Answer Applies to: California
    Replied: 8/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Garnished wages are usually in the possession of the Sheriff and are not sent to the creditor if you file a bankruptcy case. The trustee tells the Sheriff what to do with the money. Most of the time, if you have exempted the money in the bankruptcy petition or is a small amount, the trustee will instruct the Sheriff to send you the money. Your lawyer can ask the trustee for a letter instructing the Sheriff to release the funds to you if you were able to exempt the funds.
    Answer Applies to: California
    Replied: 8/3/2011
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    you may be entitled to the funds if you have an available exemption for the funds AND it was claimed on your Schedule C. You should contact an attorney to assist you with this issue. m
    Answer Applies to: Ohio
    Replied: 8/3/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    You will likely have to prove they are not property of the bankruptcy estate. This will depend on when the garnishment took place.
    Answer Applies to: Arizona
    Replied: 8/3/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    To obtain garnished wages from the trustee holding them you need to claim them exempt in schedule C.
    Answer Applies to: California
    Replied: 8/3/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    If you are able to exempt the amount of the garnished wages the trustee may just give them back. Have you tried asking the trustee for the money?
    Answer Applies to: California
    Replied: 8/3/2011
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