Legal Question in Bankruptcy in Illinois

in bankruptcy, can new bill garnish wages?

I am currently in Ch 13 bankruptcy in Illinois. I filed 4 years ago. I have since had to have major dental work and now I am being threated into litagation. Can my wages be garnished? What type of litagation can be taken if I am in bankruptcy? I have offered the agency all that i can afford to pay and was told that it was unacceptable and that i would need to triple that amount, and at this time i cannot do that.

Asked on 2/06/09, 10:19 am

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law
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Re: in bankruptcy, can new bill garnish wages?

A debt that is created after you filed bankruptcy is not protected by your bankruptcy. So, yes you can be sued, and then have your wages garnished. You are still in bankruptcy, so arguably you could argue that your wages cannot be garnished until the bankruptcy is complete because your wages are part of the bankruptcy estate until you finish your plan. I recommend contacting your chapter 13 bankruptcy attorney about this.

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2/06/09, 10:34 am

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