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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Prior to receving your last answer, I filed a mtion to release

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Prior to receving your last answer, I filed a mtion to release writ of property garnishment. At the time I didnt know that my lawyer should have filed form 522(f). With that said, should I continue with my motion scheduled for Sept. Or wait and reopen my discharged bankruptcy case. (the exemption money would help in retainning an attorney). The case is in MD.
Hi JACustomer,
Since the motion is already scheduled, it does make sense to try to have the garnishment released with that motion. It is possible the creditor's attorney will agree to the release so that he or she does not have to also respond to a motion in Bankrutpcy court.
If the attorney or the judge releases the garnishment, you won't have to file motions in Bankruptcy court. This would be good, especially since those motions are costly ($260 filing fee for each).
If you can't get the garnishment released with your September motion, you can at that time file the motions in Bankruptcy court.

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