Legal Question in Bankruptcy in New York

pension payments in New York

If a large portion of debt is being charged off through chapter 7 is with the former employer who is now paying me a pension, can the former employer begin taking that pension?


Asked on 8/27/08, 1:01 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: pension payments in New York

No. No creditor can act to collect on a bankrupted debt, including a former employer, as long as the debt was properly listed and discharged. If the case is still pending, then the court has an automatic order in place that prevents creditors, including former employers, from taking any steps to collect without court permission.

If the bankruptcy petition is dismissed, then every creditor, including former employers, can act to collect from you.

If you're having trouble with your former employer garnishing your pension, feel free to contact my office. We can very likely fix this.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 8/27/08, 2:28 pm


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