Q: am i relieved of wage garnishment when i file for chapter 7 bankruptcy
A: Yes, when you file for bankruptcy, an automatic stay goes into place. This stops any garnishment or bank levy. As soon as you file the wage garnishment would be stopped.
Stuart Nachbar and Timothy Denison agree with this answer
A: A Chapter 7 Bankruptcy will eliminate a wage garnishment unless it is for child or spousal support or if it was for something involving fraud or criminal conduct. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Timothy Denison agrees with this answer
A:
While the automatic stay in bankruptcy, which bars all creditors from attempting to procure money or property from the estate after a bankruptcy is filed, is a powerful tool, it does not nullify all such efforts, as a secured claim is treated differently, and somewhat deferentially, in bankruptcy.
On my side of the river, in PA, a secured creditor may justifiably argue that payments procured from a debtor within the 90-day preference period are not avoidable. Similarly, a judgment creditor who has executed upon his judgment and has taken all necessary steps to effect a garnishment upon property of the debtor, is likewise entitled to treatment as a secured creditor. While the filing of a bankruptcy can work a temporary halt to such efforts, the filing of the bankruptcy does not invalidate the perfected lien of the judgment.
Speak to your bankruptcy lawyer about the impact of NJ state law upon applicable bankruptcy principles.
Timothy Denison agrees with this answer
A: Yes, a chapter 7 will relieve your obligation provided you successfully complete same and recieve a discharge, provided that an adversary complaint objecting to discharge is not filed (and successfully litigated).
Timothy Denison agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.