After filing a bankruptcy petition, the debtor will receive automatic relief or an automatic stay from their creditors. This relief prevents most creditors from contacting and continuing to collect debts like garnishments.
However, you will not receive relief from all types of creditors and debt. Chapter 7 bankruptcy will not stop a debt for a domestic support obligation such as past due child support or alimony. However, a Chapter 13 can stop a garnishment for such domestic obligations. Chapter 7 will allow you to place these arrearages into your Chapter 13 plan.
Once your bankruptcy case is over, your creditors cannot continue a garnishment on a discharged debt. Any debt not discharged, you will be responsible for paying. Cases dismissed with debt discharged, means they can also continue a garnishment. If you file a bankruptcy in Montgomery or anywhere else our local attorneys can advise you on how it will affect a garnishment.
Overall, bankruptcy can help stop your garnishment. It can also help with other existing debt you may have. If you are being garnished, give our experienced bankruptcy attorney a call and file your bankruptcy today.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!