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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 11-29-2005, 05:59 PM
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Join Date: May 2005
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wage garnishment then ch 7, what happens?


What is the name of your state?CA

If a judgment is already set to garnish wages by court for ONE unsecured loan and then few months later the person decided to file Ch 7 for all of his other credit card loans, can the Ch 7 wipes away this judgment on wage garnishment? Or the judgment on wage garnishment stays after Ch7?

Please advice.
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Old 11-29-2005, 06:49 PM
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Location: Nashville,TN
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If the judgment is for a typical UNsecured debt, then the underlying debt that caused the judgment is wiped out. Once you file for BK, garnishment MUST stop. If the debt is discharged, as it likely would be, then the judgment becomes null and void, no one can EVER attempt to collect on it, and the debtor can have it vacated post-discharge.
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