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The Griffin Law Firm
The Griffin Law Firm, Attorney
Category: Bankruptcy Law
Satisfied Customers: 51
Experience:  Member of NACBA and ABI
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Several years ago I had a repossession of a vehicle approx

Customer Question

Several years ago I had a repossession of a vehicle approx 30k. This was included under payment of a chptr 13 bankruptcy. Over the last 6 months I have not been able to meet the terms of the bankruptcy due to my husbands loss of employment. Today while looking at my transactions online I found out that my account was garnished. Before the garnishment I should have had 1100.00 in checking and 20 savings. Ford Motor company garnished both accounts 15k each, making each account negative 15k.

I cannot afford rent and food. What can I do to retain part of my future paychecks? Can I go back into Chapter 13? My husbands business has been reduced to nearly a standstill due to the economic situation. I have kids to feed. What possible solutions can you think of that could give me even partial relief?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  The Griffin Law Firm replied 5 years ago.
My understanding from your description is that the Chapter 13 case was dismissed. Is this correct? If you are still in the 13, they could not do this without a successful relief from stay motion. If your case was dismissed, then you can most likely refile. Given the change in your financial situation, you might qualify for a chapter 7 instead of the 13. The 7 would discharge debt left over from a repo. It is important that you consult with a local bankruptcy attorney soon because there may be a short window that you can recover the money taken out of the account. Additionally, there will be issues regarding the automatic stay protection in a second case that need to be evaluated by your attorney and possible motions that need to be filed.

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