Can you stop a garnishment in a Chapter 7 bankruptcy?

Yes. When we file a Chapter 7 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. For more on protecting assets, check out my article on "Keeping your things in Bankruptcy".

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