Will bankruptcy stop a wage garnishment from a lawsuit over an unsecured debt? 27 Answers as of July 15, 2011

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
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
Filing bankruptcy will stop wage garnishments immediately.
Answer Applies to: California
Replied: 7/13/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The good news...yes. Wage garnishment will stop.
Answer Applies to: California
Replied: 7/13/2011
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
Yes yes yes. Garnishments and lawsuits must stop immediately.
Answer Applies to: Connecticut
Replied: 7/13/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Generally a bankruptcy can allow for your attorney to stop a wage garnishment. You should speak with a Florida Bankruptcy Lawyer to help you evaluate what choices you have.
Answer Applies to: Florida
Replied: 7/13/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Bankruptcy stops wage garnishments of this type immediately upon filing of the bankruptcy petition.
Answer Applies to: Indiana
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
    Kevin Bluitt, Attorney at Law
    Kevin Bluitt, Attorney at Law | Kevin Bluitt
    A bankruptcy filing will stop wage garnishment, the bankruptcy which is a federal action provides an automatic stay on garnishments as long as you provide notice. Thereafter the unsecured debt can be discharged in bankruptcy court.
    Answer Applies to: Florida
    Replied: 7/12/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No. Filing a bankruptcy petition prohibits any further collection including garnishment.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Get a lawyer to file for you who will file to get your garnished funds returned if the Return Date hasn't passed. Otherwise, bankruptcy will stop them from taking more.
    Answer Applies to: Virginia
    Replied: 7/12/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Bankruptcy will stop the wage garnishment immediately.
    Answer Applies to: California
    Replied: 7/12/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Yes, filing a bankruptcy immediately stops the wage garnishment.
    Answer Applies to: Mississippi
    Replied: 7/12/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Bankruptcy will stop the garnishment.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    Bankruptcy will stay all collection activities, and result in the discharge of unsecured debt. However, depending on the amount of your wages you may bwe required to file a Chapter 13 bankruptcy, which will result in your further paying on your unsecured debt through the Chapter 13 plan.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Offices of Thomas P. Vest
    Law Offices of Thomas P. Vest | Thomas P. Vest
    Filing a bankruptcy will stop the garnishment and Chapter 7 will discharge the debt as well if you qualify. See a bankruptcy attorney in your area.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Bankruptcy will stop the garnishment immediately upon filing.
    Answer Applies to: California
    Replied: 7/12/2011
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