Will Filing A Bankruptcy Stop A Wage Garnishment In Indiana?

The filing of a Bankruptcy in Indiana will stop a wage garnishment even if it is a chapter 7 or chapter 13 bankruptcy.  Once the bankruptcy petition is filed with the bankruptcy court, the bankruptcy code gives you an automatic stay of all civil collection matters against you.  A criminal case or current child support proceedings will not be stopped in most cases. The following is the typical scenario:

Will A Bankruptcy Stop A Wage Garnishment In Indiana?

You are contacted by your payroll department that a wage garnishment will take effect next payday and you will lose 25% of your net check.  There is no way that you can pay your monthly rent, house or other living obligations losing that much of your check.  You contact a bankruptcy attorney and decide to file bankruptcy.  Your payroll is cut by your employer on Tuesday and payday is Friday.  Will the wage garnishment be stopped in time?  You will need to have the case filed before Tuesday to even have a chance at stopping the wage garnishment.  Once the case is filed, your attorney can send the appropriate paperwork to your payroll department to stop the wage garnishment and get you your entire paycheck.  In order for this to happen, your attorney and you need to work together to get the required results.

If you are facing a current or pending wage garnishment in Indiana, contact the Law Offices of Brad A. Woolley for an appointment to get your paycheck back!

Call 1-800-75609711 now for a free consultation.