What schedule would a credit card garnishment go on in a chapter 7? 12 Answers as of June 19, 2014

How would a client get the money back?

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Stephens Gourley & Bywater | David A. Stephens
Schedule f and the Statement of Financial Affairs.
Answer Applies to: Nevada
Replied: 6/19/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
Credit card debts go on Schedule F. However, some kinds of credit cards aren't really credit cards at all. Say what? Your "card" with Best Buy, any of the furniture stores, jewelry stores, or with Sears for the purchase of a major appliance - tv, refrigerator, bedroom suite, are PMSA - purchase money security agreements, meaning that the lender can repo the items purchased if you don't pay. These credit accounts go on schedule D and should be linked to the property that you purchased listed on Schedule B.
Answer Applies to: Nevada
Replied: 6/19/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Schedule F unless they have a judgement lien. Then it would go on D.
Answer Applies to: California
Replied: 6/19/2014
If the garnishments by a creditor within 90 days of filing the petition total more than $600 you can receive the monies back. You would put that figure on line 35 of Schedule B and exempt it on Schedule C. You should write a letter to the attorney for the creditor and they must issue a release.
Answer Applies to: Minnesota
Replied: 6/19/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If it is unsecured then schedule f as well as on the statement of financial affairs.
Answer Applies to: New York
Replied: 6/19/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    The debt is listed on Schedule F, and if the funds were garnished within 90 days of filing the bankruptcy case, then you may be able to call the creditor and have them refund it. Otherwise, you'll have to file a motion.
    Answer Applies to: Pennsylvania
    Replied: 6/19/2014
    Idaho Bankruptcy Law | Paul Ross
    Credit card debt is placed on Sch F, as long as it is not reduced to a judgment lien properly recorded. Garnishments are listed on SOFA for the past year. The client can only get the pursue the money if the Trustee does not pursue it. In Idaho, Trustees will usually pursue the money so the Debtor would not have that privilege.
    Answer Applies to: Idaho
    Replied: 6/19/2014
    Ronald K. Nims LLC | Ronald K. Nims
    The credit card debt outstanding would go on Schedule F. Any funds garnisheed in the past year would go on the Statement of Financial Affairs Item 4.b. Put a list of the amounts and dates of the funds taken in the garnishment.
    Answer Applies to: Ohio
    Replied: 6/19/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    It should be reported on question 4b of the Statement of Financial Affairs and if you want to recover it, you must list it as an asset on Schedule B with an appropriate exemption on Schedule C. Then you would have to ask the creditor to return it after filing your case. I cannot be any more specific without knowing a lot more about your case, and that would require a consultation.
    Answer Applies to: Oregon
    Replied: 6/19/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    The credit card debt and the judgment both go on Schedule F. It is unlikely that you will be able to get the garnished funds back. If anything, your bankruptcy trustee may have a claim for a voidable preference to bring that money back into a bankruptcy estate.
    Answer Applies to: Colorado
    Replied: 6/19/2014
    Boston Law Firm
    Boston Law Firm | Eryk Boston
    The debt itself should be reported on Sch F. The garnished wages should be reported on Sch B and exempted on Sch C. You should talk with a bankruptcy attorney regarding the procedure for quashing a garnishment. For information only. Not legal advice.
    Answer Applies to: Virginia
    Replied: 6/19/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    Schedules B, C and Statement of Financial Affairs. Bankruptcy petition must be timely filed (prior to Sheriff's delivery of funds to creditor) and debtor must obtain bankruptcy court order or judgment for turnover of funds from Sheriff to debtor.
    Answer Applies to: California
    Replied: 6/19/2014
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