Legal Question in Bankruptcy in California

my wages were garnished. I filed bankruptcy the day the check was sent, if I faxed the case number to the creditor can I get that check back?

Asked on 11/07/13, 10:45 am

2 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Generally, yes. If the payment was sent after you filed bankruptcy, it is void, as a result of the automatic stay. If the payment was sent before you filed bankruptcy, you may be able to void the payment as a "preference," i.e. you can get it back. Check with an attorney.

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Answered on 11/07/13, 1:24 pm
Brett Bodie Bodie Law Firm

The Sheriff may hold the funds and refuse to release them without an order from the Court or written instruction from the bankruptcy Trustee. If the Sheriff has the funds and refuses to release them, it will require a motion in bankruptcy court and an order by the Judge to get the funds released. Best of luck.

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Answered on 11/07/13, 6:35 pm

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