Legal Question in Bankruptcy in Missouri
My husband had a Chapter 7 bankrupcy about 6 years ago. Now one of the creditors covered under the bankruptcy has suddenly filed a garnishment on him for the same debt. I have proof that the debt was included, they are saying they can still garnish us because they already had a judgement against him before the bankruptcy was finalized. This was for an auto loan. Is this legal?
1 Answer from Attorneys
Under the facts you described, the judgment debt would have been discharged with the bankruptcy. (But, if they had judgment lien, they might still be able to hold up any home refinancing or sale, if the lien was not specifically extinguished in the bankruptcy. )
Your husband needs to file a motion to quash the garnishment and take the dischrage letter to the court to show the judge hearing his motion. he might do better if he hires counsel to help hiom draft the motion or also represent him at the hearing.
Good luck
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