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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31786
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If my chapter 13 has just ended is there something I can do

Customer Question

If my chapter 13 has just ended is there something I can do to stop a garnishment
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 5 years ago.

Hi - my name is Kirk and I'm a Bankruptcy litigation attorney here to assist you.


Was your chapter 13 discharged or dismissed?

Customer: replied 5 years ago.
It was discharged, I received my discharged letter in the mail
Expert:  Roger replied 5 years ago.

I practice in Tennessee, and if this debt was not paid off or discharged through the bankruptcy plan, once you come out of bankruptcy, you are not protected from a creditor.


Thus, a creditor can seek to garnish a non-discharged debt. The only way to stop the garnishment is to pay the debt off or file a chapter 7 (but you can't receive a discharge until 6 years have passed since the filing of the 13).