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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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with Chapter 13 bankruptcy, do I have to only stop the garnishing

Resolved Question:

with Chapter 13 bankruptcy, do I have to only stop the garnishing of ex husband's wages during the proceedings- while the Trustee is putting the "5 year plan " together ... Is there ever a time/circumstnce when I can start up the garnishing again? after 5 years - if he does not follow the "Bankruptcy Trustees plan"
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

The garnishment has to stop for the entire time the Bankruptcy is in progress, which is up to 5 years. Your payment will henceforth come from the Bankruptcy trustee, out of the Chapter 13 payment that he must make each month.

If he misses one payment - and does not immediately make it up - the Bankruptcy case will be dismissed, and you can then resume the garnishment.


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

Customer: replied 5 years ago.
The Trustee has answered me in writing - explaining NYS can continue to garnish child support through the proceedings.. Arrears will be paid thru her and the plan
Expert:  cfortunato replied 5 years ago.
NYS can continue to garnish. You cannot. You asked if you had stop garnishing your ex-husband's wages.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
I just asked a few more questions in a diferent pop up window- hope you get those