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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2863
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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If a credit card company has already obtained a judgement against

Customer Question

If a credit card company has already obtained a judgement against me and garnished my wages, will a chapter 7 filing halt any further garnishments, or will such garnishments survive a chapter 7 filing?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Yes.

Terry L. :

Chapter 7 will stop the garnishment immediately.

Terry L. :

The creditor will get to keep what they have taken to date, but no more can be taken while the bankruptcy is pending. then the debt is discharged at the end of the case.

Terry L. :

do you have any other questions ?

Customer:

Ok, I thought a judgment on unsecured debt somehow gave the unsecured creditor the same rights as a secured creditor in bankruptcy (lien passes through, etc.). Just so I understand - the garnishments resulting from a judgement on unsecured debt will stop after the chapter 7 filing and debtor discharge is complete?

Terry L. :

Only if they record their lien against real estate

Terry L. :

a wage garnishment must stop instantly once filed.

Terry L. :

it stops once filed.

Terry L. :

a lien would have to be stripped off of real estate if they have a judgment lien recorded on the title.

Customer:

Ok, that clears it up. Thank you!

Terry L. and 3 other Bankruptcy Law Specialists are ready to help you