How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

Prior to receving your last answer, I filed a mtion to release

This answer was rated:

Prior to receving your last answer, I filed a mtion to release writ of property garnishment. At the time I didnt know that my lawyer should have filed form 522(f). With that said, should I continue with my motion scheduled for Sept. Or wait and reopen my discharged bankruptcy case. (the exemption money would help in retainning an attorney). The case is in MD.
Hi JACustomer,
Since the motion is already scheduled, it does make sense to try to have the garnishment released with that motion. It is possible the creditor's attorney will agree to the release so that he or she does not have to also respond to a motion in Bankrutpcy court.
If the attorney or the judge releases the garnishment, you won't have to file motions in Bankruptcy court. This would be good, especially since those motions are costly ($260 filing fee for each).
If you can't get the garnishment released with your September motion, you can at that time file the motions in Bankruptcy court.

I think this is what you wanted to know. If not, please let me know.
Thank you!
cfortunato and 4 other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions