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  1. #1
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    Sep 2016
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    Default Does Filing Bankruptcy Stop Wage Garnishment

    If you file bankruptcy, but your wages are being garnished by a state agency, will the bankruptcy stop the garnishment?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Does Filing Bankruptcy Stop Wage Garnishment

    The automatic stay will apply to wage garnishments. Depending upon the nature of the debt, it may nor may not be dischargeable -- and if you file for Chapter 7 bankruptcy, you'll still have to pay back the amount if it is a nondischargeable debt. (Your bankruptcy lawyer can clarify the dischargeability of the debt.) For Chapter 13, even if its not dischargeable, repayment can be make part of your Chapter 13 plan -- although you may owe part of the debt at the conclusion of your plan, if it's not paid off in full over the course of the plan.

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