Can you stop a garnishment in a Chapter 13 bankruptcy?

Yes. When you file a Chapter 13 bankruptcy, any garnishments must be stopped. In addition, we may be able to get back the money that has been withheld from your wages or bank account. Garnishments normally run for 90 to 180 days and at the end of the garnishment period, there is a hearing. If your case is filed before that hearing date, we can normally recover any money that has been withheld during that garnishment period. However, these funds must be protected for you and must come out of your wildcard exemptions which has a lifetime limit on it. If the amount that has been withheld exceeds the amount that you can protect, you may have to turn some of the money over to the Chapter 13 trustee as part of your Chapter 13 plan.

It is important that you meet with an experienced bankruptcy attorney if you are currently being garnished. If not handled correctly, you could lose hundreds of dollars. Contact me or call my office today at 320-2010. I will meet with you and discuss how to stop the garnishment and recover the money for you.

Edrie Pfeiffer
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Edrie Pfeiffer, Bankruptcy & Divorce Attorney