Legal Question in Bankruptcy in Connecticut

Wage garnishnent

I FILED CHAPTER 7, i HAD TWO CASES DISMISSED IN THE LAST YEAR BECAUSE I FILED WRONG. I HAVE A ACTIVE WAGE GARNISHMENT THAT THE LAWYER WILL NOT TAKE OFF. i THOUGHT UNDER THE CODE , BECAUSE I AM FILLING 7 HE MUST STOP THE WAGE GARNISHMENT. ALSO SHOULD HE HAVE GOTTON A COURT ORDER TO STOP? THEY TAKE OUT 25% OFF DISPOSABLE INCOME NOT LEAVING ME ENOUGH TO PAY COURT ORDER CHILD SUPPORT AND ALIMONY. CAN I STOP THIS


Asked on 4/18/07, 10:06 pm

2 Answers from Attorneys
Max Rosenberg Rosenberg,Whewell, & Hite, LLC

Re: Wage garnishnent

Were you filing without the assistance of an attorney previously? This matter requires further analysis. It may be that regardless of the bankruptcy issue, more of your wages are being garnished than is allowed by law. Please feel free to contact us.

Nothing in this response to your posting on Law Guru is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

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Answered on 4/27/07, 4:26 pm
Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Wage garnishnent

Under the Bankruptcy Code the 3rd filing of a petition if the first two were dismissed within 1 year does not invoke any stay. You have the right to file a motion with the newest case to have the Court invoke the stay. That appears to be your best opportunity to stop the garnishment.

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Answered on 4/18/07, 10:37 pm


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