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    katbarne's Avatar
    katbarne Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Jun 21, 2008, 01:51 PM
    Bankruptcy and garnishment
    My husband and I have been living pay check to paycheck every since I lost my six figure job

    We gave the house back to the bank with no problems and was left with 30,000 in credit card debt

    We were told by a free lawyer to file a Chapter 7 because our income dropped to 37,000
    Total household income only 2300 a month after taxes

    So we moved in a rental house thinking we would stay there until we got back on our feet.

    We paid January's rent, February, March. He decided he wanted the rent to go directly to him instead of the mortgage company like originally planned.

    We said no and went to court. The judge ruled in his favor for April's rent but told him to give us back our security deposit because the house was left in excellent condition.

    We figured even Steven not the case

    Long story short he filed a garnishment and has our checking account hostage.

    Question?

    Can he go after our wages from employment if we have proof we filed a chapter 7 (he is included) but we have not been discharged?

    Our court date is In July for the filing but it takes 3 months for a total discharge.

    We have a newborn and will literally be on street if he takes our wages.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
    		  
    #2

    Jun 21, 2008, 01:56 PM
    If he was notified that he was included in your Bankruptcy, and he made ANY type of collection activity AFTER this notice, he is in violation of the Bankruptcy laws.

    What does your bankruptcy attorney have to say about it?
    katbarne's Avatar
    katbarne Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Jun 21, 2008, 06:19 PM
    He will not be notified until July after I finish my pre-filing bankruptcy course.

    Can I go to the court house and show them that I have started the proceedings with my pre-filing?

    I should have that all finished by Friday.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    Jun 21, 2008, 06:45 PM
    OK, you have not officially filed bankruptcy yet, since you have not did the pre filing court. You have to officially file for protection, the "prefile" is not filing, so why are you waiting on the course, you do it in one night online though companies like CCC and others.

    Also he can not just garnish your wages, he had to go and get a judgement, which means he won a court case that says you owe him the money.

    You need to speed up the bankruptcy filing.
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