How Can I Stop a Garnishment After Bankruptcy?

Debts are hard to escape and everyone has to deal with paying bills on time. Ignoring them can lead to creditors going to court to force your employer to withhold a portion of your pay to resolve your debt. This is known as a wage garnishment. In some cases (whether child support, student loans or taxes), the creditor has the right to begin garnishing wages without going to court. A professional attorney can discuss this with you and help you to get through the bankruptcy process smoothly.

How Bankruptcy Can Help

Bankruptcy is one way to stop the action of a wage garnishment. Filing for bankruptcy puts an automatic stay on all collections including some wage garnishments. If you have debt collectors calling you and want to foreclosure your home or take other action, filing for bankruptcy can force them to stop. This automatic stay lasts until your bankruptcy case is closed or the debts are discharged.

Filing for Bankruptcy

To file for bankruptcy, you must first get a credit counseling briefing. This briefing is an important step to explain the process to you, show you what your obligations after the bankruptcy is discharged on debts, and describe what will happen to your credit going forward after the bankruptcy proceedings are delivered. Next, the proper paperwork must be filed with the district court. From there, the process begins. A professional bankruptcy attorney can guide you through this process as they have the experience, skills and resources necessary to navigate you through it successfully. However, it’s important to note that not all debts can be discharged with Chapter 7 bankruptcy including student loan debt, tax debt or child support. With Chapter 13 bankruptcy, you get to create a repayment plan to pay off debts over a period of time (up to five years usually). This means that garnishments will stop as long as you’re in compliance. Usually garnishments stop as soon as the next payment.

Schedule a Consultation to Discuss Bankruptcy in Florida Today

When you’re considering bankruptcy in Florida, Mancuso Law, P.A. can help you. We serve the Boca Raton, FL area. We provide consultations where you can learn about our experience, our services and answer any questions you have about the upcoming process. To learn more about your bankruptcy options and to schedule a consultation with our professional attorney, call 561-245-4705 our law office today.

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