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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17252
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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On that wage garnishment with her employer you had said:Once

This answer was rated:

On that wage garnishment with her employer you had said:Once they file a chapter 7 the automatic stay would stop all collections, and the creditor would not be allowed to collect on the garnishment in anyway. Her employer is asking for more than the BK file receipt in order to stop the garnish. Is there a form or process that informs the employer to ignore the court order to garnish her wages once they have filed BK? thank you.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

You can give them the entire petition filed, they may want evidence that they listed the creditor in the bankruptcy,

WALLSTREETESQ :

however, you can advise them that they are violating federal law, by not lifting the garnishment,

Customer:

We don't have to wait then for the Sheriff to inform them?

WALLSTREETESQ :

no i would not wait, typically the creditor should be contacted not the employer,

WALLSTREETESQ :

the creditor would then tell the employer not to collect or tell the sheriff,

WALLSTREETESQ :

I would also call the sheriff to advise the employer

WALLSTREETESQ :

Any money taken after the bankruptcy must be returned

Customer:

The employer was willing to put the garnish off until Sept 01. She will be filling BK on Aug 30

WALLSTREETESQ :

that is fine,

WALLSTREETESQ :

As long as the creditor is listed,

WALLSTREETESQ :

on 8/30 all collections must stop

Customer:

The employer shouldn't take a first wage garnish

WALLSTREETESQ :

no

Customer:

Thank you again!

WALLSTREETESQ :

good luck

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