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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 04-10-2008, 01:31 AM
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Join Date: Apr 2007
Posts: 54

Continuing writ garnishment


What is the name of your state? fl
I filed for BK and everyone has been notified Suggestion of BK.
Two days after I filed BK one of my jobs, which is a comission only job if and when I sell any real estate,received a continuing writ of garnishment. I told my BK atty. and they told me to tell employer to call other atty. to hear from them, that I filed BK. My question is how do I get this order removed so in the future I wont have to deal with it?
  #2  
Old 04-10-2008, 10:32 AM
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Join Date: May 2001
Posts: 6,453
Well, did your employer contact the creditors attorney?
If so, that's likely all you need. I do think it ould be professional for your attorney to send the creditors lawyer a formal letter staing that you are his/her client and on such and such a date filed for bk and give the filing number. The letter should also state that all collection activity should stop until the k is sorted out.
You are protected by an automatic stay until the bk is discharged. Once that's done, the stay morphs into a permanent injunction prohibiting creditors from attempting any collection activity.
Have you and your lawyer discussed getting the judgment vacated once the bk is dischrarged?
  #3  
Old 04-10-2008, 11:29 AM
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Join Date: Apr 2007
Posts: 54
Thx for reply My Atty. notified Collection Atty. That I filed BK and we have a trustee meeting in two weeks. I was just wandering if I should get that order removed or does it dissapear when the BK is done. I will ask my Atty. about vacating the judgment. THX
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