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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31785
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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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: 5 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 5 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: Here's a link that explains what the automatic stay does:


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.





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