Legal Question in Bankruptcy in Missouri

I filed for Chapter 7 Bankriptcy on May 1st of this year(2010). My wages have been getting garnished since January and are still being garnished, even now after filing bankruptcy. I asked my employer about it and they said they have recieved no notice that they are to stop the garnishment. My question is: who is suppose to notify them of this? When should they be notified? Who do I contact about this?


Asked on 5/19/10, 10:38 am

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

Aack!! Do you have an attorney? Or did you file this by yourself?

Any efforts to collect a prepetition debt are barred by the automatic stay. I'm assuming that this creditor was listed so that s/h/they received notice. With some larger organizations, it's often a case of the right hand not knowing what the left is doing, or quite often, there is a time lag. If additional notice was not sent to the attorney of record, then the paper must wend its circuitous path through the organization, starting with the file clerk. If you're thinking that this sounds like a lengthy process with plenty of opportunity for said notice to get stuck or even lost, you're right. (You did list the credior--right? And if the lawsuit was in the last 12 months, it's on the Statement of Financial Affairs, right?)

Assuming you aren't represented by your own attorney, send a letter to the attorney who took the judgment against you; enclose a copy of the Notice of Filing (the paper notice that gave the date of the 341 meeting). If you're not sending a 2-sided copy, send the side with the 341 meeting date. Rehash the filing date and case number. Remind him/her that continued efforts to collect prepetition debts are barred by the automatic stay. Garnishments often run for set period of time determined by the state court, and sometimes clerical delays mean that there is a lag in the garnishment being lifted. However, the funds should stop being withdrawn and in most cases, you should eventually get your money back

UNLESS (and this is important) UNLESS THIS IS A DEBT FOR SUPPORT, SUCH AS CHILD SUPPORT OR MAINTENANCE.

Filing a bankruptcy has little or no effect on a debt for the support of your child or ex. If this is the case, disregard everything I said above, and consult a family law attorney to determine if you are eligible to have your support reduced.

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Answered on 5/24/10, 1:37 pm


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