You've Earned It, Now Keep It: Wage Garnishment And Chapter 7
Bankruptcy is a big move and those that file offer varied reasons. The world of finance is not second-nature to most people, and some must learn about it the hard way. When your financial situation gets out of control (regardless of the actual reasons) it usually all comes down to one major problem: not enough money coming in to satisfy the needs. One of the worst things that can happen to people who find themselves in dire straits is wage garnishment. Read on to learn more about that and how a chapter 7 filing might help alleviate the burden.
Debt Collection
The people you owe money to are not just interested in you paying what you owe to them; in some cases, they may take legal action against you. Court judgments can mean orders that cut your take-home pay by quite a bit. If the creditor wins the case, they can order your employer to remove a certain portion of your pay and give you what is left over. For people already in bad financial shape, this move can only worsen your situation. When you consider the interest, fees, and penalties added on to a debt that has been taken to court, you may never be able to pay it all off and have your full paycheck again. There is, however, one way to make those wage garnishment actions disappear.
The Automatic Stay
A chapter 7 federal filing brings with it several immediate and automatic benefits. The automatic stay allows filers to breathe a bit for the first time in a long time because it has the following powers:
- It stops all phone calls and letters from debt collection agencies.
- It puts a temporary stop to any foreclosure actions on your home.
- It stops all threats of repossession of vehicles.
- You can stop paying your credit card bills altogether, leaving you with more cash for housing and food.
- Finally, it puts an immediate stop to wage garnishment activities, and you will once again have a full paycheck to use for paying the rest of your bills.
Some Notable Exceptions
There are several categories of debts that cannot be dealt with using a chapter7 filing. If any of the below debts led to the garnishment of wages in the first place, the garnishment will continue regardless of a bankruptcy filing. These are:
- Federal taxes
- Back child support
- Criminal court fines and fees
To get more information about the ways you can breathe easier with a chapter 7 filing, speak to a bankruptcy attorney like Todaro David M Co LPA today.