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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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If I file a chapter 13 and do not list everyone I owe can companies

Resolved Question:

If I file a chapter 13 and do not list everyone I owe can companies come later and after me for their money.

Also if I don't file for bankruptcy and just allow the garnishment to happen do they take in consideration that I won't be able to pay for my mortgage, medicines amd insurance.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

What type of garnishment are you asking about - wages, bank accounts, or both?

Customer: replied 5 years ago.

It's a wages, but they did send paper talking about bank account information if anything should be consider exempt like child support etc.


Expert:  cfortunato replied 5 years ago.

Last questions - why are you thinking about a Chapter 13 instead of a Chapter 7?

What types of creditors might you be omitting?

Customer: replied 5 years ago.

I'm considering chapter 13 because I filed in December of 2003 Chapter 7. I was told that it has to be 8 years before I can file chapter 7 again. The more I owe the more I have to pay out and I don't have the money.

Expert:  cfortunato replied 5 years ago.

Yes - the debts from creditors that are left out of your Chapter 13 Bankruptcy will not be discharged. That means those creditors can continue to try to collect their debts.
Unfortunately, the fact that garnishing your wages will not allow you to pay your mortgage, medicine, and insurance does not affect a creditor's right to garnish your wages.
However, a debtor's wages cannot be garnished if the debtor's net take-home pay is less than $217.50 per week.

Lastly, if you file a Chapter 13 now, you can have it dismissed next year, and then file a Chapter 7 instead.

I think this is what you wanted to know. If not, please let me know.
Thank you!

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