Will the creditor be able to garnish my wages after filing bankruptcy? 24 Answers as of January 30, 2014

I was currently taken to court for a debt that occurred after my Bankruptcy was filed.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Yes unless you are in Chapter 13.
Answer Applies to: New York
Replied: 1/30/2014
The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
Any debt that is incurred after your Chapter 7 Bankruptcy filing is not discharged by the bankruptcy thus your wages could be garnished.
Answer Applies to: Connecticut
Replied: 1/30/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
If the debt was incurred after the discharge from the court then yes, if the creditor gets a judgment against you, a wage garnishment is possible. If your case is still pending, simply amend your schedules and provide notice to the creditor.
Answer Applies to: California
Replied: 1/30/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
See an experience bankruptcy attorney NOW. This should not happen.
Answer Applies to: California
Replied: 1/30/2014
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
No, assuming the creditor is unsecured (like a credit card or judgment) often that is what prompts people to file.
Answer Applies to: Michigan
Replied: 1/30/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    No. The creditor can not continue any collection efforts made once your case is filed. Call the creditor, and email or fax them the Notice of Creditors' Meeting, with a list of creditors (this will show them they are on the list). Ask for something in writing that they are discontinuing all collection efforts. If they do not cooperate, ask your attorney to obtain a Contempt Citation against the creditor in the Bankruptcy Court. The creditor will also be responsible for your attorney fees and court costs for obtaining the Contempt Citation.
    Answer Applies to: Colorado
    Replied: 1/30/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If the debt was incurred after you filed bk then it is not subject to the automatic stay. However, if you incurred the debt before filing make sure you listed the creditor and provided it with notice. It should not be able to continue to collect against you.
    Answer Applies to: Nevada
    Replied: 1/30/2014
    Idaho Bankruptcy Law | Paul Ross
    This will depend on whether it is a Ch 7 or Ch 13. Visit with your attorney. In a Ch 7, any debt incurred after the date of filing is not part of the bankruptcy and you would be on the hook for that debt.
    Answer Applies to: Idaho
    Replied: 1/30/2014
    Danville Law Group | Scott Jordan
    Did you list the creditor in your bankruptcy schedules? If the creditor was given notice of the bankruptcy and still filed a lawsuit, the creditor is violating the Sec. 362(a) stay violation and can be sued in bankruptcy court for damages. If the creditor was not listed, you should amend the schedules to include the creditor and then notify the civil court of the bankruptcy filing. If you are not represented by an attorney, you should consult with a bankruptcy attorney immediately.
    Answer Applies to: California
    Replied: 1/30/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your bankruptcy filing can only protect you from creditors you owed money to at the time your case was filed. You are still obligated to pay any new, post-filing debts, and those creditors are free to try to collect from you by any legal means available to them.
    Answer Applies to: Colorado
    Replied: 1/30/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You can't have thought you could file bankruptcy and continue to run up debts without having to pay for them! If that were the case, what you did by running up a debt that you weren't obligationed to pay was like robbing the creditor using a pen instead of a gun. if you want a fresh start, you should pay any debts you make after you file bankruptcy promptly.
    Answer Applies to: Nevada
    Replied: 1/30/2014
    Kirby G. Moss PC | Kirby G. Moss
    If the debt was incurred after the BK filing, it is not affected by the BK and can garnish wages
    Answer Applies to: Indiana
    Replied: 1/30/2014
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    Hi, The wording of your question requires two responses, just to be sure of no misunderstanding: If you incurred the debt before you filed the bankruptcy, then the creditor is violating the bankruptcy code's automatic stay provision. If you incurred the debt after you filed the bankruptcy, then the creditor can pursue you.
    Answer Applies to: Idaho
    Replied: 1/30/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    As you probably know already, any debt incurred after filing bankruptcy is not covered by the bankruptcy. The best strategy in your position is to negotiate if you want to avoid a garnishment.
    Answer Applies to: Oregon
    Replied: 1/30/2014
    Havkin & Shrago | Stella Havkin
    Bankruptcy stops garnishments.
    Answer Applies to: California
    Replied: 1/30/2014
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    Any debt after a bankruptcy is not part of the bankruptcy and the creditor can take what ever action is available to them.
    Answer Applies to: Colorado
    Replied: 1/30/2014
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    If the debt was included in the bankruptcy, they have no business taking you to court over it. That case against you is a violation of the bankruptcy order and can subject that creditor to sanctions as well as violations of the Fair Debt Collection Practices Act. We can help you with this and offer to do it at no charge.
    Answer Applies to: Illinois
    Replied: 1/30/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Post bankruptcy petition debt is not protected by the automatic stay
    Answer Applies to: New York
    Replied: 1/30/2014
    Scott Goldstein | Scott Goldstein
    If you incurred the debt after the filing, the lender can sue you and eventually garnish wages
    Answer Applies to: New Jersey
    Replied: 1/30/2014
    The Troglin Firm | William M. Troglin
    When you file a bankruptcy an AUTOMATIC STAY (All powerful restraining order) goes into place which PROHIBITS CREDITORS FROM DOING ANYTHING TO COLLECT THEIR DEBT WITHOUT PERMISSION OF THE BANKRUPTCY COURT. Filing a bankruptcy will stop an existing garnishment and prevent a new garnishment from being filed.
    Answer Applies to: Georgia
    Replied: 1/30/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If the debt occurred after your filing, and I am saying the debt, not the entry of the Judgment but the actual underlying debt, then yes they can take you to Court and garnish wages. Although the caveat is, if you are in a Chapter 13, the garnishment could be in violation of the Code as it affects your Plan payment/disposeable income.
    Answer Applies to: New Jersey
    Replied: 1/30/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    No creditors can take action against you during the bankruptcy process unless they get permission from the court. I would contact the creditor's attorney with your case number so that they stop the legal proceedings.
    Answer Applies to: Ohio
    Replied: 1/30/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    Debts that were incurred after the filing of a bankruptcy petition are not discharged, and the creditor has whatever remedies they otherwise would have. If the contract giving rise to the debt was entered into pre-petition, consult your bankruptcy attorney as to whether amounts coming due later are collectible (generally, only if they are for things provided post-petition).
    Answer Applies to: Illinois
    Replied: 1/30/2014
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    You can't be sued once you file bankruptcy, assuming the bankruptcy is still proceeding. Tell your bankruptcy attorney, it's his job to take care of it. Also, send the court proof of your filing.
    Answer Applies to: Connecticut
    Replied: 1/30/2014
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