Getting ahead in life can be difficult. This difficulty is greatly increased when one is being subjected to a wage garnishment. Having your wages taken, before you even receive your paycheck, can make life seem impossible. Fortunately, many wage garnishments can be stopped immediately by filing for bankruptcy. The first step in making sure your matter is properly handled is to retain an experienced attorney. Our Las Vegas bankruptcy lawyer deals with garnishments through both the Chapter 7 and Chapter 13 processes. Contact us today to get started.
Attorney dealing with Las Vegas wage garnishments through Chapter 7 or Chapter 13 bankruptcy
Wage garnishments arise through two situations. The first occurs when a creditor obtains a judgment against an individual. A common way this happens is one has been sued after an incident or having defaulted on a debt. Once the Judgment is entered, the person holding it may garnish the individual’s wages. The second situation involves “special creditors.” These involve issues such as unpaid child support, unpaid student loans, and other such debts. The government entities or companies holding such debts are not required to gain a judgment prior to initiating a wage garnishment.
Filing for bankruptcy protection can immediately stop a garnishment through the use of an automatic stay. When a bankruptcy case is filed this stay is issued as a matter of course. If the garnishment is due to a private judgment, filing Chapter 7 or Chapter 13 will immediately stay wage withholding. If the garnishment is being levied by a special creditor then filing Chapter 7 will not necessarily stay the withholding. Filing Chapter 13, however, will stay the garnishment of a special creditor as any money owed can be included in an eventual repayment plan.
The first step in filing for bankruptcy is to file a Petition with the Court. If the matter is being brought under Chapter 7 then any non-exempt assets of the debtor will be liquidated with the proceeds being used to pay off debt. Once this process is completed then all bankruptable debts will be considered discharged. If the matter is brought under Chapter 13 then a proposed repayment plan will be submitted with the Petition. This plan will last three to five years and, at the end of this period, all bankruptable debt not paid under the plan will be discharged. The payment plan will include a provision for catching up on any special creditor debts and past due secured debt. Private-party judgments are generally dischargeable under either of these chapters.
Our attorney helps stop wage garnishments through the filing and handling of a bankruptcy case. Nikki Dupree-O’Brien has been practicing law since 2008 and she strives to provide the highest level of service. Our firm will determine whether you are eligible to file for Chapter 7, and, if not, which Chapter best suits your particular situation. We will quickly file your Petition so that a stay may be issued. Nikki will represent you throughout the process and will ensure that you know what to expect as the situation moves forward. We focus on this area of the law so that you may focus on your future. Contact us today.
Las Vegas attorney eliminating debts as part of stopping a wage garnishment
It is common for individuals under a wage garnishment to have other debts which are causing financial hardship. Filing for bankruptcy can reduce or eliminate such debts. This includes the discharge of credit card debt, eliminating medical bills, eliminating unpaid taxes, and more. Whether a debt is dischargeable will depend on the facts of your particular situation and our attorney will help you to understand your options. We are honored to serve the Las Vegas area and we look forward to being of service.