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with Chapter 13 bankruptcy, do I have to only stop the garnishing

Customer Question
with Chapter 13 bankruptcy,...
with Chapter 13 bankruptcy, do I have to only stop the garnishing of ex husband's wages during the proceedings- while the Trustee is putting the "5 year plan " together ... Is there ever a time/circumstnce when I can start up the garnishing again? after 5 years - if he does not follow the "Bankruptcy Trustees plan"
Submitted: 6 years ago.Category: Bankruptcy Law
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Answered in 1 hour by:
9/3/2011
Bankruptcy Lawyer: cfortunato, Attorney replied 6 years ago
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
Verified

Hi JACustomer,

The garnishment has to stop for the entire time the Bankruptcy is in progress, which is up to 5 years. Your payment will henceforth come from the Bankruptcy trustee, out of the Chapter 13 payment that he must make each month.

If he misses one payment - and does not immediately make it up - the Bankruptcy case will be dismissed, and you can then resume the garnishment.

 

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

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Customer reply replied 6 years ago
The Trustee has answered me in writing - explaining NYS can continue to garnish child support through the proceedings.. Arrears will be paid thru her and the plan
Bankruptcy Lawyer: cfortunato, Attorney replied 6 years ago
NYS can continue to garnish. You cannot. You asked if you had stop garnishing your ex-husband's wages.
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
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cfortunato and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 6 years ago
I just asked a few more questions in a diferent pop up window- hope you get those
Ask cfortunato Your Own Question
cfortunato
cfortunato
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