Collins, MS asked in Bankruptcy for Mississippi

Q: Can a garnishment be stop if I flie bankruptcy

They have already started taking money

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2 Lawyer Answers
Randall R. Saxton
Randall R. Saxton
Answered
  • Bankruptcy Lawyer
  • Madison, MS
  • Licensed in Mississippi

A: Yes

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: I'm in PA, and here, once a creditor has executed on a judgment by issuing a writ, thereby "attaching" its judgment lien to specific personalty, e.g., your bank account, then that creditor enters your bankruptcy case, once you file, as a secured creditor. The claims of secured creditors are treated far better in bankruptcy than simple unsecured claims (e.g., a credit card balance). In a Chapter 7 case, you will probably be unable to "strip" any lien from your various assets; it is more possible to do so in a Ch. 13.

Speak to a bankruptcy lawyer without delay, as time is of the essence here.

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