Legal Question in Bankruptcy in Florida

Re: filing bankruptcy to avoid judgement

The filing of bankruptcy (assuming it is not a repeat filing) will immediately halt the garnishment.

As for the creditor's rights under the judgment, no further collection efforts can be done outside of the bankruptcy court unless the bankruptcy case is dismissed. The Judgment Creditor may file a Claim in the bankruptcy case for collection, and if there are any assets/payments to distribute, the Judgment Creditor will either get a pro rata share (Chp 7) or payments according to the plan (Chp 13).

Of course, the now Bankruptcy Creditor has rights to review the pleadings and disclosures of the debtor and additional rights to contest the bankruptcy for certain causes, so the moral of the story is that just because bankruptcy is filed doesn't mean that discharge is guaranteed.

That's why its important to hire a good bankruptcy lawyer. :)

To find one, log onto www.LaBellaLaw.com. Of course, there may be others.