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View Full Version : Who can put a lien on my check?


joseesalas
Oct 5, 2009, 11:59 AM
While my bankruptcy moves forward can creditors put a lien on my check?

tickle
Oct 5, 2009, 12:12 PM
There are a few different types of bankruptcies, personal, chapter 7, or l3. Don't know which one you are in but it does make a different of how your finances are handled during and after. To this end I have included a comprehensive website that explains each one, but to answer your question no but I still think you should read through this website to make yourself aware of contingencies.

www.washlaw.edu/subject/creditors

My url may not be accessible to you, you will have to cut and past.

Tick

JudyKayTee
Oct 5, 2009, 12:12 PM
Has your Bankruptcy Petition been filed? That stops all actions - but it can take a little bit of time.

JudyKayTee
Oct 5, 2009, 12:15 PM
There are a few different types of bankruptcies, personal, chapter 7, or l3. Dont know which one you are in but it does make a different of how your finances are handled during and after. To this end I have included a comprehensive website that explains each one, but to answer your question no but I still think you should read through this website to make yourself aware of contingencies.

www.washlaw.edu/subject/creditors

My url may not be accessible to you, you will hae to cut and past.

tick



It is my understanding that filing the Petition stops all liens and other actions to collect Judgments - olbviously your research leads you in another direction and it's been at least 10 years since I worked in a bankruptcy law firm. Obviously after everything is evaluated that could change - but not until the Court takes a close look.

The site you posted does not work for me - I can't access it. Cutting and pasting also didn't work.

I further understood that there are two types of bankruptcy - Chapter 7 and Chapter 13 for an individual. I don't know where the "few" comes in but, again, I can't access where you researched.

For OP - here is the basic info (although I realize your question was NOT about the types of filings):

"Chapter 7 vs. 13 Bankruptcy?

Chapter 7 is usually the preferable choice for consumer debt because in a chapter 7 you are allowed to bankrupt all your unsecured debts (credit cards, medical bills, judgments, repossessions, unpaid personal loans, and many more). You can also bankrupt some IRS income taxes. You can choose whether or not to keep your secured debts and continue pay them (house, cars, furniture, etc.). When you file a Chapter 7, you can keep most of your assets such as your pension and retirement plans, your house, your car, your furniture, and your personal possessions. For a complete itemization of what you are allowed to keep and still bankrupt all your debts, see Tx. Prop Code 42.001

You must qualify in order to file a Chapter 7. To qualify, your income has to be within a certain range, and your debt and expenses have to be a certain amount. There is no magic number, however. Your ability to file a Chapter 7 depends on many different factors. This is one reason your attorney must know how to calculate your true income and your true expenses for purposes of qualifying for a chapter 7.

If you do not qualify for a Chapter 7 because your income is too high or your expenses too low or because some of your debt is not dischargeable, then you still have Chapter 13 available. The Chapter 13 is also recommended as a way to partially pay back debt which cannot be discharged in a chapter 7, such as certain taxes, or as a way to pay back arrearages on mortgages and/or car payments, when you are keeping your home or saving it from foreclosure. Simply put, a chapter 13 is a bill consolidation program. You will partially pay back your creditors based your income and expenses and the nature of the debt, for a time period of three to five years. Unsecured creditors get a prorated payout but are considered paid in full.

You must qualify in order to file a Chapter 7. To qualify, your income has to be within a certain range and your debt and expenses have to be a certain amount. There is no magic number, however. Your ability to file a Chapter 7 depends on many different factors. This is one reason your attorney must know how to calculate your true income and your true expenses for purposes of qualifying for a chapter 7. "

This site does explain that the filing stops ALL collection attempts. If there is other research which is to the contrary, I'm sure it will be posted.

http://texas-bankruptcy-relief.com/faq.php#harassment