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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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A creditor obtained a garnishment order and was garnishing

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A creditor obtained a garnishment order and was garnishing a Chapter 13 debtor's wages before she filed her bankruptcy. When the debtor filed Chapter 13, the automatic stay stopped the creditor from further garnishment during the Chapter 13 5-year plan. To prevent further garnishment from the same creditor using the same garnishment order after the debt is discharged and the 5-year plan is completed, must the debtor file a lien avoidance (similar to what must be done if a bank account is garnished)? Or is the original garnishment order automatically and permanently nullified once the debtor files Chapter 13?

cfortunato :

Hi JACustomer,

cfortunato :

Wage garnishment works differently from bank account attachment. (For the former, the funds are not yet in existence, and for the latter, the funds are already seized.)

cfortunato :

Accordingly, filing a lien avoidance motion for a wage garnishment order would not be appropriate.

cfortunato :

In order words, a garnishment order is automatically stayed upon a Bankruptcy filing, and then discharged at the end of the Bankruptcy.

cfortunato :

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

cfortunato :

Thank you.

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