Does a bankruptcy filing stop a wage attachment?


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bankruptcy filing consumer bankruptcy

Does a bankruptcy filing stop a wage attachment?

Yes. This is a consequence of the automatic stay that occurs when you file a bankruptcy petition. If a particular creditor has garnished more than $600 of wages in the 90 days preceding your filing, you may even be able to recover those amounts. If it is the second bankruptcy in a year, the stay applies for 30 days unless extended by the court. There is no stay for the second case in one year unless the court specifically gives one.

(Reviewed 11.14.08)

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