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Roger
Roger, Attorney
Category: Family Law
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CANT FILE CHAPTER 7 TIL OCT DUE TO MONEY. IF HUSBAND

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CAN'T FILE CHAPTER 7 TIL OCT DUE TO MONEY. IF HUSBAND DRAWS UNEMPLOYMENT AND I AM WORKING CAN COMPANIES I OWE MONEY TO GARNISHEE HIS OR MY INCOME BEFORE I FILE? HAVE ALREADY DONE A VOLUN REPO ON HOM AND 2 VEHICLES.
The creditors can come after you until you file bankruptcy and the automatic stay is put in place. This is basically an injunction against the continuance of any action by any creditor against the debtor or the debtor's property. 11 U.S.C. 362. In Chapter 13, the stay even protects co debtors who are liable with the debtor on consumer debts.

The automatic stay gives the debtor protection from his creditors, subject to the oversight of the bankruptcy judge, and brings all of the debtor's assets and creditors into the same forum, the bankruptcy court, where the rights of all concerned can be balanced.

The automatic stay prohibits

  • Beginning or continuing law suits
  • Collection calls
  • Repossessions
  • Foreclosure sales
  • Garnishment or levies

Your husband's income should not be subject to your creditors, unless the debt is a joint one between the both of you. However, the creditors could garnish your wages, but to do so, they would have to get judgments against you first. It will take about 30-60 days for a creditor to get a judgment against you, so that will get you to the first of July. Therefore, you'd only be looking at a few months before the filing. Also, a creditor cannot garnish but 25% of your income. If more than one creditor gets a judgment against you, they have to wait in line - only one garnishment at a time is allowed.

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