Bankruptcy Law

Bankruptcy law questions? Ask a bankruptcy lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Why is it legal for a creditor to get awarded a wage

garnishment against me while I...
Why is it legal for a creditor to get awarded a wage garnishment against me while I am in a Chapter 13?This creditor was a debt my almost ex wife had and was not notified of the chapter 13 filing I'm told, but I would like a second opinion an,d also, what good is a CH13 if it doesn't protect you from anything lurking out there in the past you don't know about?
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 5 minutes by:
9/1/2017
NYCLAWYER
NYCLAWYER, Attorney
Category: Bankruptcy Law
Satisfied Customers: 63,663
Experience: LICENSED NY AND NJ BUSINESS LAWYER
Verified

Hello and welcome. I am working on your answer and will be right back!

Ask Your Own Bankruptcy Law Question

The bankruptcy filing stays the garnishment unless a court lifts the stay.

It may be someone was not aware of the stay, and on being informed the levy should be lifted.

Ask Your Own Bankruptcy Law Question
Customer reply replied 11 months ago
Ok makes sense. The attorney I had used failed on a filing or two and I am told I do not have a stay just a payment plan and that even my bank could take the house still if they chose.
You can always apply to the court for a stay and to correct any errors made.If needed, martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding "yes" or "acceptable"
NYCLAWYER
NYCLAWYER, Attorney
Category: Bankruptcy Law
Satisfied Customers: 63,663
Experience: LICENSED NY AND NJ BUSINESS LAWYER
Verified
NYCLAWYER and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a bankruptcy lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask NYCLAWYER Your Own Question
NYCLAWYER
NYCLAWYER
NYCLAWYER, Attorney
Category: Bankruptcy Law
Satisfied Customers: 63,663
63,663 Satisfied Customers
Experience: LICENSED NY AND NJ BUSINESS LAWYER

NYCLAWYER is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,720 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

513 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Situation. My wife's ex husband is filing for bankruptcy.
Situation. My wife's ex husband is filing for bankruptcy. Chapter 7 He owes his ex wife 40000$ For her legal fees which was stated specifically because she had a need to get an education because she w… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
I am going through a complex divorce. I have a divorce
I am going through a complex divorce. I have a divorce attorney who advised me to seek legal advice from a BK attorney. My ex had requested to file for BK in order to try and prevent foreclosure on or… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
I was divorced last year. I took over the boat and boat loan
I was divorced last year. I took over the boat and boat loan but haven't been paying on it. My ex filed chapter 7 bankruptcy and the credit union I have the loan through served me with a summons. They… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,720 satisfied customers
If in a confirmed ch. 13 BK can a new creditor issue a garnishment
If in a confirmed ch. 13 BK can a new creditor issue a garnishment of wages for a debt that occurred after I filed my ch. 13?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I need to file bankruptcy.I am currently paying child support
I need to file bankruptcy. I am currently paying child support to my ex-spouse and have been doing so for 5 years. I am currently in child support arrears (due to a court order). My ex-spouse gets chi… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
We have a judgment against us for a defaulted SBA loan. We
We have a judgment against us for a defaulted SBA loan. We closed the business because the bank we owed agreed to an Offer In Compromise, however once we closed the business and sold the assets, we fo… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
I have a debtor that is trying to garnish my wages for a debt
I have a debtor that is trying to garnish my wages for a debt related to my ex-husband. I just finished having my wages garnished from another debt of his that I so unfortunately had my name on as wel… read more
Fritz
Fritz
Attorney
209 satisfied customers
An unsecured creditor (for credit card debt) is garnishing
An unsecured creditor (for credit card debt) is garnishing a debtor's wages. The debtor would like to include the debt in a Chapter 13 bankruptcy. Can a debtor include judgment creditors in a Chapter … read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,720 satisfied customers
After my divorce in December 2002, I am still faced with over
After my divorce in December 2002, I am still faced with over $100,000. in overdue credit card bills. some were joint accounts with my ex-wife. I have paid off a few at reduced rates. My divorce decre… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
i have decided against filing ch 13 because im accepting a
i have decided against filing ch 13 because i'm accepting a modification on my home i was finally offered to keep the house. i did like the idea of the protection offered by ch13 and keeping the credi… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
If I file a chapter 13 and do not list everyone I owe can companies
If I file a chapter 13 and do not list everyone I owe can companies come later and after me for their money. Also if I don't file for bankruptcy and just allow the garnishment to happen do they take i… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
Hello, I live in the State of Ohio. After almost 26 years
Hello, I live in the State of Ohio. After almost 26 years of service I went out and eventually on permanent retirement disability (Ohio Public Employees Retirement System). Very long long story short.… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
Hello, I have so much debt, I was told by 3 different attorneys
Hello, I have so much debt, I was told by 3 different attorneys that I can not even declare BK. They said I make too much to file Ch7 and not enough disposable income to declare CH13. My income is $7,… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
I have a garnishment against me and my payroll department is
I have a garnishment against me and my payroll department is taking %25 of my salary to satisfy the court order. The remaining amount of my pay check is being direct deposited into MY bank account. Th… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,720 satisfied customers
I am a landlord and a potential tenant would like to rent a
I am a landlord and a potential tenant would like to rent a unit from me. They have told me they presently are in Chapter 13 and told me they will be filing Chapter 7 prior to moving in. What steps sh… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,720 satisfied customers
My ex-husband got a judgement against me 4 years ago for martial
My ex-husband got a judgement against me 4 years ago for martial debt he says he paid during our divorce. He got the judgement because my then attorney didn't object to it and didn't tell me anything … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I am in the midst of a divorce proceeding. My ex wife filed
I am in the midst of a divorce proceeding. My 'ex' wife filed a DVo case against me falsely... at the time, I thought that it was to possibly - among other things regarding our custody - to impune me … read more
Maverick
Maverick
Doctoral Degree
6,336 satisfied customers
My wife has had her checking account and safe deposit box garnished
My wife has had her checking account and safe deposit box garnished due to non payment of credit card balance. I am in chapter 13 to avoid forclosure on our home (she was not included in the 13). I wa… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x