Will bankruptcy stop a wage garnishment from a lawsuit over an unsecured debt? 31 Answers as of July 04, 2013

I have been paying portion of my wage due to a personal injury case I had several years ago. If I file for bankruptcy, will my wages still be garnished?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Bankruptcy stops wage garnishments.
Answer Applies to: California
Replied: 7/15/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Willful and malicious injuries to others are POSSIBLY dsichargeable i
Answer Applies to: Washington
Replied: 7/14/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
It depends on what kind of findings were made in that personal injury case. Cases involving fraud, DUI/DWI, or other willful or malicious acts, will survive bankruptcy and will not be able to be discharged. If your personal injury case does not involve issues such as these, then they can be discharged in bankruptcy, which will have the effect of stopping that wage garnishment once and for all.
Answer Applies to: California
Replied: 7/13/2011
Law Offices of Sheryl S. Graf
Law Offices of Sheryl S. Graf | Sheryl S. Graf
Once a Bankruptcy Petition is filed, the automatic stay prohibits any collection activity, including wage garnishments.
Answer Applies to: California
Replied: 7/13/2011
The Port Law Firm
The Port Law Firm | Edward Port
The filing of a bankruptcy will stop the wage garnishment. Please note that if the basis of the claim was due to you being intoxicated from using alcohol, a drug, or another substance the debt may be non dischargeable.
Answer Applies to: Florida
Replied: 7/13/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Once a bankruptcy is filed there is an automatic stay against continuing a wage garnishment. The underlying debt can be discharged in this instance.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Chirnese L. Liverpool
    Law Office of Chirnese L. Liverpool | Chirnese Liverpool
    Bankruptcy will stop the wage garnishment as long as all of the property parties are notified that you have filed bankruptcy.
    Answer Applies to: California
    Replied: 7/12/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes and the debt will be discharged unless you were driving under the influence of drugs or alcohol and the person or company you owe the money objects to the discharge by filing a lawsuit against you in the bankruptcy case that is called an "adversary proceeding".
    Answer Applies to: California
    Replied: 7/12/2011
    Scott Leslie Taylor Attorney at Law
    Scott Leslie Taylor Attorney at Law | Scott Leslie Taylor
    Yes! It is one of the main reasons why people file.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The answer depends on what the injury suit was for. Short term it would stop the garnishment. Longer term it may begin again depending on whether the debt is dischargeable. Since some injury cases are and some are not, you want an experienced lawyer.
    Answer Applies to: Georgia
    Replied: 7/12/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    A bankruptcy will stop a garnishment and, depending on the exemptions in your jurisdiction, it may even enable you to get some of the garnished funds back. Garnishments stemming from a lawsuit over an unsecured debt cannot continue after filing.
    Answer Applies to: Oregon
    Replied: 7/13/2011
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