If I am already under chapter 13 bankruptcy, can I get a garnishment now? 7 Answers as of August 01, 2017

A creditor wasn't listed on my bankruptcy because of a divorce from a husband who kept threatening me. We bought a vehicle that both names were listed on. I got in the divorce. He keeps threatening that if I don't pay it he will make sure I go to jail. Because of some serious family situations I have now been garnished from them. Is this possible?

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A Fresh Start
A Fresh Start | Dorothy G Bunce
Sounds like you do not know what you are doing, that you do not have a lawyer representing you, and are learning the hard way that Chapter 13 is not an easy process to navigate. So how stubborn are you and when will you learn that chapter 13 does require you to be represented?
Answer Applies to: Nevada
Replied: 8/1/2017
Ronald K. Nims LLC | Ronald K. Nims
Yes, you can be garnished but only because you didn't list them on the bankruptcy. You need to speak with a bankruptcy attorney to go over your options.
Answer Applies to: Ohio
Replied: 7/31/2017
OlsenDaines | Rex Daines
A person can be garnished post-filing for a debt that arose post-filing. You can not be garnished for a debt that arose pre-bankruptcy filing, but you need to make sure that creditor is listed in your chapter 13.
Answer Applies to: Oregon
Replied: 7/31/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Contact your attorney. There is no way to answer your legal question without looking at your BK file.
Answer Applies to: Colorado
Replied: 7/31/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You are protected by the automatic stay. You need to amend your paper work to include this creditor.
Answer Applies to: California
Replied: 7/30/2017
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If YOU are in the Bankruptcy, and it is a Chapter 13, then no they can not do a Wage Garnishment without permission of the Bankruptcy Court. It is a violation of the automatic stay as well as the fact that if effects disposable income which is paid to the Chapter 13 Plan. Talk to your counsel.
    Answer Applies to: New Jersey
    Replied: 7/30/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    A garnishment is totally prohibited. However, you must be sure that the creditor knows that you are in a chapter 13. You really should have listed that claimant earlier, but it is not too late now. Violation of the automatic stay can be contempt of court. But you or your lawyer must take the right steps first.
    Answer Applies to: Wisconsin
    Replied: 7/30/2017
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