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 Roger Your Own Question
Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31021
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I filed bankruptcy today. My payroll department processes

Resolved Question:

I filed bankruptcy today. My payroll department processes tomorrow. My wages have been garnished once. I called the creditor who is garnishing and was told they don't intend to notify my employer of the bankrutpcy and will collect the garnishment of my next paycheck. The gal I spoke to stated they are entitled to that money.

I thought creditors could not take these actions after I file?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

 

You're correct that once you file, creditors are IMMEDIATELY prohibited from continuing any collection attempts as under the provisions of the automatic stay: http://www.law.cornell.edu/uscode/text/11/362. Here's a link that explains what the automatic stay does: http://en.wikipedia.org/wiki/Automatic_stay.

 

You should inform your employer of the bankruptcy filing and provide a case number XXXXX other information to prove that bankruptcy has been filed in order to stop the garnishment.

 

Also, I would recommend that you inform your attorney that this creditor has said it will disregard the automatic stay and try to collect. Your attorney can file a motion with the court to stop it if necessary. Also, the creditor could be stripped of its claim against you/your estate for violating the automatic stay, so it needs to be careful as well.

 

 

 

 

Roger and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions