WIll wages be garnished after Chapter 7 bankruptcy? 12 Answers as of June 11, 2013

I filed Chapter 7 bankruptcy in 2005, Pro se and included a credit union. I was notified a writ of garnishment. I resigned before receiving the non certified writ. Is it legal for them to garnish when I included them in a 2005 bk?

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
No. If the creditor was included in your Chapter 7 bankruptcy, it is a violation of Bankruptcy laws to attempt to collect this debt. Assuming it is the same debt from your bankruptcy, and not a newly incurred debt, you must inform them of the discharge you received.
Answer Applies to: California
Replied: 4/29/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
If it was a prepetition dischargeable debt, then no, they can't collect on it after the successful completion of your bankruptcy-otherwise, what would be the point of all this? Contact an attorney to verify all details for you.
Answer Applies to: California
Replied: 4/20/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
If the debt was listed in your prior bk and you received a discharge, then any effort to collect on that debt is a violation of the Discharge Injunction.
Send them a letter with your notice of bankruptcy discharge, asking them to cease and desist and if they continue to collect after that, get an attorney and file a lawsuit through the bankruptcy court.
Answer Applies to: California
Replied: 4/20/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
In the event a Creditor's debt was discharged in Bankruptcy, they are not allowed to continue action to collect that debt. Garnishment is an attempt to collect that debt.
Answer Applies to: New Hampshire
Replied: 4/20/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
A creditor whose debt was discharged in bankruptcy cannot thereafter attempt to recover the discharged debt.
Answer Applies to: South Dakota
Replied: 4/20/2011
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