Will bankruptcy stop wage garnishment for medical bills? 57 Answers as of June 02, 2013

If I declare bankruptcy, will that stop my wage garnishment for a medical bill?

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Paul Stuber, Attorney at Law
Paul Stuber, Attorney at Law | Paul Stuber
Yes it will.
Answer Applies to: Colorado
Replied: 6/2/2013
The Law Offices of Katie M. Stone
The Law Offices of Katie M. Stone | Katie M. Stone
Yes, a bankruptcy will stop a garnishment that is happening due to a judgment for medical bills you owe. It usually takes about 15-30 days to get the garnishment to stop after you file the bankruptcy petition. You may be entitled to a refund on the garnishment money that has already been taken.
Answer Applies to: Florida
Replied: 11/7/2011
The Law Office of Marvin Wolf
The Law Office of Marvin Wolf | Marvin Wolf
The act of filing bankruptcy creates a bankruptcy estate, consisting of all of the debtor's assets. The court's automatic stay protects those assets, so yes, bankruptcy stops all wage garnishments. In fact, you may be able to get some of that money back as a preferential payment to creditors if you exempt it on the petition.
Answer Applies to: New Jersey
Replied: 11/3/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes, bankruptcy stops garnishment for medical bills.
Answer Applies to: Indiana
Replied: 11/2/2011
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Yes. You need to notice the medical provider, any collection agencies, attorneys and the levying officer. You should also file a Notice of Stay of Proceedings with the Superior Court where the judgment originated.
Answer Applies to: California
Replied: 11/2/2011
    LAW OFFICE OF MARGARET L. EVANS, PC
    LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
    ALL garnishments MUST CEASE upon the filing of a bankruptcy petition.
    Answer Applies to: South Carolina
    Replied: 11/2/2011
    Law Offices of James Wingfield
    Law Offices of James Wingfield | James Wingfield
    Yes! A personal bankruptcy will stop a wage garnishment and will force the creditor to be treated the same as all other similarly classified creditors.
    Answer Applies to: Massachusetts
    Replied: 11/2/2011
    Law Offices of Daniel Moulton
    Law Offices of Daniel Moulton | Daniel Moulton
    Yes.
    Answer Applies to: Illinois
    Replied: 6/2/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    It depends on a number of factors. This includes your current income, the total amount of debts owed, the total amount of the judgement for the medical bills, and whether you qualify for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy in light of the above factors. If your income and assets are high enough that you could theoretically pay off this debt and others within a 5 year period, then you would still have to pay off some of the debt.
    Answer Applies to: New York
    Replied: 11/1/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If you list that creditor in the bankruptcy schedules, yes.
    Answer Applies to: California
    Replied: 11/1/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    Absolutely. Filing bankruptcy will place a stay on all adverse collection actions against you, including lawsuits, garnishments, frozen accounts, foreclosure, etc.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Goldfarb Law Office, PA
    Goldfarb Law Office, PA | Stephen Goldfarb
    Yes, and garnishments within 90 days of filing may be recovered if you can fit it within an exemption.
    Answer Applies to: Minnesota
    Replied: 11/1/2011
    Buff & Chronister, LLC.
    Buff & Chronister, LLC. | Curtis L. Chronister Jr.
    The filing of a bankruptcy creates an automatic stay against the initiation or the continuance of any action against you or your property. If the debt for which you have a garnishment can be discharged in your bankruptcy, then not only will the garnishment stop, but the creditor will be barred from garnishing you wages after your discharge.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing bankruptcy creates an automatic stay. This prevents further collection, including wage garnishment and levies.
    Answer Applies to: California
    Replied: 11/1/2011
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes the automatic stay stops all collection actions.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    As long as the medical debts are dischargeable, which they typically are, then the garnishment would stop once the bankruptcy is filed and the underlying debts would be discharged. You should seek the assistance of an attorney to advise you on the debts and which forms of bankruptcy you would be eligible to file for.
    Answer Applies to: Wisconsin
    Replied: 11/1/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Yes, bankruptcy will stop a wage garnishment for medical bills.
    Answer Applies to: Colorado
    Replied: 11/1/2011
    Guerrieri & Cox
    Guerrieri & Cox | Michael A. Cox
    Yes. Due to the automatic bankruptcy stay provisions of 11 U.S.C. 362, the garnishment must be terminated immediately.
    Answer Applies to: Ohio
    Replied: 11/1/2011
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    Generally, when a person files for bankruptcy, the automatic stay that goes into effect stops garnishment of wages by unsecured creditors such as credit cards and medical bills.
    Answer Applies to: Oregon
    Replied: 10/31/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Yes and your medical bills will be obliviated for good.
    Answer Applies to: Florida
    Replied: 10/31/2011
    Jakob-Barnes Law Firm, LLC
    Jakob-Barnes Law Firm, LLC | Jennifer Jakob-Barnes
    Yes, bankruptcy stop collection of debt.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Robert J. Doig, Attorney at Law
    Robert J. Doig, Attorney at Law | Robert Doig
    Yes. Immediately upon filing your bankruptcy case the Automatic Stay under section 362 goes into effect. It prohibits the creditor from proceeding with any wage garnishment. As a matter of practice, when I represent someone whose wages are being garnished, immediately upon filing the bankruptcy case, I fax a Notice of Automatic Stay to the client's payroll department, as well as to the attorneys for the creditor who is pushing the wage garnishment. That usually stops the wage garnishment right away.
    Answer Applies to: Colorado
    Replied: 11/1/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    The garnishment should stop when you file for bankruptcy. If they do not, you need to call them and let them know so they stop garnishing as soon as you file.
    Answer Applies to: California
    Replied: 10/31/2011
    Buff & Chronister
    Buff & Chronister | G. Scott Buff
    All wage garnishments including one for a medical bill will stop if you file for Bankruptcy. Pursuant to section 362 of the Bankruptcy Code, all collection activity including lawsuits and garnishments stop.
    Answer Applies to: Georgia
    Replied: 10/31/2011
    Batten & Beasley
    Batten & Beasley | Daniel Batten
    Yes, once the bankruptcy is filed the automatic stay will go in place which will stop wage garnishments.
    Answer Applies to: Minnesota
    Replied: 10/31/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, all garnishments will stop when you file bankruptcy due to the automatic stay that goes into effect after filing. This stops ALL creditors from collection activities.
    Answer Applies to: New York
    Replied: 10/31/2011
    Canty Law Firm
    Canty Law Firm | Timothy Canty
    Yes.
    Answer Applies to: Colorado
    Replied: 6/2/2013
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Yes.
    Answer Applies to: Arizona
    Replied: 6/2/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It will stop a garnishment on all of your bills. Medical bills are not treated differently. That they are treated differently is a urban myth.
    Answer Applies to: California
    Replied: 10/31/2011
    Foster Law Group
    Foster Law Group | William Foster
    Yes, bankruptcy will stop the garnishment for medical bills.
    Answer Applies to: Colorado
    Replied: 10/31/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    Yes. Texas doesn't allow wage garnishment for anything except student loans, child support or IRS taxes.
    Answer Applies to: Texas
    Replied: 10/31/2011
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    Yes. One very important function of bankruptcy is to allow the debtor to breath without the creditors pounding on them. All debt collection activity such as lawsuits, garnishments, repossessions, and foreclosures have to stop immediately upon filing bankruptcy. You can even retrieve the moneys that were garnished during this cycle so long as you file before the return date on the garnishment and so long as those funds are exempted on what we refer to as the Homestead Deed.
    Answer Applies to: Virginia
    Replied: 10/31/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    Yes a bankruptcy will stop a garnishment.
    Answer Applies to: New York
    Replied: 10/31/2011
    The Salas Firm
    The Salas Firm | Ron Salas
    Yes, Medical bills may be discharged in Bankruptcy and upon filing the bankruptcy all attempts to collect medical debts will halt.
    Answer Applies to: Colorado
    Replied: 10/31/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 6/2/2013
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    Yes, A Chapter 7 or a Chapter 13 Bankruptcy will stop Garnishments. In Ga, a garnishment will take 25% of your paycheck until the debt is paid, but a Bankruptcy can stop the garnishmentt immediately.
    Answer Applies to: Georgia
    Replied: 10/31/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Yes.
    Answer Applies to: Georgia
    Replied: 6/2/2013
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    Filing for bankruptcy will stop a wage garnishment. If you have been garnished more than $600 in the past 90 days prior to filing for bankruptcy an attorney can likely get those funds returned to you.
    Answer Applies to: Michigan
    Replied: 10/31/2011
    Law Office of Todd M. Gers, PLC
    Law Office of Todd M. Gers, PLC | Todd Gers
    Once a bankruptcy is filed creditors may not garnish wages, bank accounts or take any action against property without direct court authority. Bankruptcy will probably be the best way to stop any type of garnishment.
    Answer Applies to: Michigan
    Replied: 10/31/2011
    Law Office of Yvonne Michaud Novak
    Law Office of Yvonne Michaud Novak | Yvonne Michaud Novak
    Yes.
    Answer Applies to: Minnesota
    Replied: 6/2/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes, filing can stop the garnishments, and depending on the amount of money involved, you usually get it paid back.
    Answer Applies to: Michigan
    Replied: 10/31/2011
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