Our Practice Areas
Get To Know Our Firm
When a client files a Chapter 7 bankruptcy or Chapter 13 bankruptcy case an automatic stay goes into place which prohibits creditors from continuing garnishments once the creditor receives notice that the client filed the bankruptcy case provided that the creditor was listed on the client’s bankruptcy documents filed with the bankruptcy court.
It may take several days after the case has filed before the garnishment is actually released. It any wages are withheld by the client’s employer pursuant to a garnishment order after the case has been filed these funds must be returned to the client.
Creditors subject to the automatic stay may not begin garnishments during the Chapter 7 bankruptcy or Chapter 13 bankruptcy case.