Denver, CO asked in Bankruptcy for Colorado

Q: Can the state garnish my wages after I file bankruptcy

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1 Lawyer Answer
Kathryn U. Tokarska
Kathryn U. Tokarska
  • Bankruptcy Lawyer
  • San Diego, CA

A: The answer will depend. When you file your bankrupcy automatic stay goes into effect and no creditor can collect from you. If they do, you can recover the money. However, the question is what type of debt is this? Is this debt dischargeable in bankruptcy? If yes, then it will be discharged and that will be the end of that. If it is not dischargeable, then depending which chapter of bankruptcy you file will yield different result. In chapter 7, after the case closes, approximately 90 days non-dischargeable debt can resume collection efforts. In a chapter 13, you would propose to repay the debt through the chapter 13 plan that last 3-5 years. What chapter is appropriate and whether filing bankruptcy makes sense is a question you will want to pose in a consultation with an attorney who can evaluate your complete financial picture, determine if you qualify for discharge, and whether this particular debt subject of the garnishment is also dischargeable. Good luck.

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