Comments on: Can filing bankruptcy stop my paycheck from being garnished in Oklahoma? http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/ Oklahoma's trusted source for accurate and reliable information about consumer bankruptcy. Written by Tulsa bankruptcy attorney Dan Nunley who helps Oklahoma consumers and small business owners get relief from serious debt problems through Chapter 7 and Chapter 13 bankruptcy. Fri, 03 Feb 2012 11:22:21 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Dan Nunley http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-6399 Dan Nunley Wed, 06 Apr 2011 14:45:01 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-6399 Pam, Since Social Security benefits are not considered in gross income calculations under the Means Test, and because the Social Security Act of 1935 (Public Law 74-271) created the Federal-State Unemployment Compensation (UC) Program, I disclose the unemployment benefits but exclude them in my Means Test calculations. This has never been challenged by the US Trustee. I agree with your opinion regarding the loan modification process. Only a very, small minority of permanent loan modifications are approved and I believe that in the vast majority of loan modification applications, the mortgage company has no intention or desire to permanently modify the terms of the mortgage. I'll be happy to visit with you regarding your situation. Feel free to contact me when you're ready to move forward. Dan Nunley Pam,

Since Social Security benefits are not considered in gross income calculations under the Means Test, and because the Social Security Act of 1935 (Public Law 74-271) created the Federal-State Unemployment Compensation (UC) Program, I disclose the unemployment benefits but exclude them in my Means Test calculations. This has never been challenged by the US Trustee.

I agree with your opinion regarding the loan modification process. Only a very, small minority of permanent loan modifications are approved and I believe that in the vast majority of loan modification applications, the mortgage company has no intention or desire to permanently modify the terms of the mortgage.

I’ll be happy to visit with you regarding your situation. Feel free to contact me when you’re ready to move forward.

Dan Nunley

]]> By: Pam http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-6388 Pam Fri, 25 Mar 2011 17:15:36 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-6388 I am quite sure that bankruptcy is our only option at this point. When calculating gross annual income, is Unemployment calculated in? I have been unemployed since August 2008 ( when our troubles began) until recently February 2011. I have accepted a part time job while actively looking for full time employment. My husband is employed full time. We have received several summons from the courts from creditors, we have responded as instructed. We will not be able to afford any garnishments. We worked with our mortgage company for 14 months regarding a loan modification, only to be turned down and now they are going to proceed with foreclosure. In my opinion, they had no intention to modify the loan. Just a way to get us to keep paying a temporary lower amount until they got to our case to foreclose. Thanks in advance for your response. More than likely, will be seeking a consultation very, very soon. I am quite sure that bankruptcy is our only option at this point. When calculating gross annual income, is Unemployment calculated in? I have been unemployed since August 2008 ( when our troubles began) until recently February 2011. I have accepted a part time job while actively looking for full time employment. My husband is employed full time. We have received several summons from the courts from creditors, we have responded as instructed. We will not be able to afford any garnishments. We worked with our mortgage company for 14 months regarding a loan modification, only to be turned down and now they are going to proceed with foreclosure. In my opinion, they had no intention to modify the loan. Just a way to get us to keep paying a temporary lower amount until they got to our case to foreclose. Thanks in advance for your response. More than likely, will be seeking a consultation very, very soon.

]]> By: Dan Nunley http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-6386 Dan Nunley Thu, 24 Mar 2011 14:13:14 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-6386 Sharon, Unless the car accident judgment involved a DUI/DWI conviction, the judgment you were awarded would be dischargeable in Chapter 7 bankruptcy. If a DUI/DWI was involved, you would want to file an adversary proceeding in the Chapter 7 case. If a DUI/DWI was not involved, then you would be wasting your time to attend the First Meeting of Creditors. Dan Nunley Sharon,

Unless the car accident judgment involved a DUI/DWI conviction, the judgment you were awarded would be dischargeable in Chapter 7 bankruptcy. If a DUI/DWI was involved, you would want to file an adversary proceeding in the Chapter 7 case. If a DUI/DWI was not involved, then you would be wasting your time to attend the First Meeting of Creditors.

Dan Nunley

]]> By: Sharon http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-6369 Sharon Mon, 07 Mar 2011 02:58:56 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-6369 Last year I won a case from a car accident. I was in the process of seeking wage garnishment. Last month I got a letter from a bankruptcy court regarding a meeting of creditors. The person is filing Chapter 7. Will I be wasting my time to attend knowing that my only defense is that the debt owed to me was ordered by a Judge? Last year I won a case from a car accident. I was in the process of seeking wage garnishment. Last month I got a letter from a bankruptcy court regarding a meeting of creditors. The person is filing Chapter 7. Will I be wasting my time to attend knowing that my only defense is that the debt owed to me was ordered by a Judge?

]]> By: Dan Nunley http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-6305 Dan Nunley Fri, 04 Feb 2011 14:20:37 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-6305 Sharon, The automatic stay that took effect immediately upon the debtor's filing Chapter 7 bankruptcy prohibits all creditors and collection agencies from taking any further action to collect a debt owed by the debtor. Unless you immediately stop all garnishment activity, you will expose yourself to being sued in bankruptcy court by the debtor. If the debtor has any non-exempt assets that will be administered by the Chapter 7 trustee, you will be advised to file a proof of claim in the bankruptcy case and you would then receive some payment towards your claim. If the debtor has no non-exempt assets, then your claim against the debtor for damages arising from the auto accident will be discharged in the bankruptcy and you will be forever barred from seeking to collect the debt owed you by the debtor. The only exception would be if the debtor's daughter was convicted for drunken driving in the subject motor vehicle accident, then the debt owed you would survive the bankruptcy discharge. Dan Nunley Sharon,

The automatic stay that took effect immediately upon the debtor’s filing Chapter 7 bankruptcy prohibits all creditors and collection agencies from taking any further action to collect a debt owed by the debtor. Unless you immediately stop all garnishment activity, you will expose yourself to being sued in bankruptcy court by the debtor. If the debtor has any non-exempt assets that will be administered by the Chapter 7 trustee, you will be advised to file a proof of claim in the bankruptcy case and you would then receive some payment towards your claim. If the debtor has no non-exempt assets, then your claim against the debtor for damages arising from the auto accident will be discharged in the bankruptcy and you will be forever barred from seeking to collect the debt owed you by the debtor. The only exception would be if the debtor’s daughter was convicted for drunken driving in the subject motor vehicle accident, then the debt owed you would survive the bankruptcy discharge.

Dan Nunley

]]> By: Sharon http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-6303 Sharon Fri, 04 Feb 2011 07:45:12 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-6303 I have been in the process of seeking wage garnishment from someone whose minor daughter hit me in a car accident. I received a letter from a bankruptcy court that the debtor is filing chapter 7. Is there anything I can do to collect this debt? I have been in the process of seeking wage garnishment from someone whose minor daughter hit me in a car accident. I received a letter from a bankruptcy court that the debtor is filing chapter 7. Is there anything I can do to collect this debt?

]]> By: Dan Nunley http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-6192 Dan Nunley Sat, 11 Dec 2010 05:03:47 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-6192 Benny, The instant your bankruptcy case was filed, an automatic stay went into effect which prohibits your employer from taking any further action including the forwarding of money to a judgment creditor. The money that your employer withheld from your pay check pursuant to the garnishment summons now must be returned to you since it wasn't sent to the judgment creditor before your bankruptcy was filed. Dan Nunley Benny,

The instant your bankruptcy case was filed, an automatic stay went into effect which prohibits your employer from taking any further action including the forwarding of money to a judgment creditor. The money that your employer withheld from your pay check pursuant to the garnishment summons now must be returned to you since it wasn’t sent to the judgment creditor before your bankruptcy was filed.

Dan Nunley

]]> By: Benny Smith http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-6184 Benny Smith Tue, 30 Nov 2010 22:36:39 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-6184 My wages were garnished over a year ago,my employer started taking out the garnishments. Recently i filed for bankruptcy. My employer now tells me he was way behind on paying the money in even though he took it out of my paycheck. My question is does that money come back to me or does he have to pay the creditor? I just don't want him hanging on to this money which is a pretty good amount. Thank you for your time. My wages were garnished over a year ago,my employer started taking out the garnishments. Recently i filed for bankruptcy. My employer now tells me he was way behind on paying the money in even though he took it out of my paycheck. My question is does that money come back to me or does he have to pay the creditor? I just don’t want him hanging on to this money which is a pretty good amount. Thank you for your time.

]]> By: Dan Nunley http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-4238 Dan Nunley Fri, 18 Jun 2010 00:11:35 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-4238 Nathan, No. Both the child support and the associated interest would be non-dischargeable in a Chapter 7 bankruptcy. Dan Nunley Nathan,

No. Both the child support and the associated interest would be non-dischargeable in a Chapter 7 bankruptcy.

Dan Nunley

]]> By: Dan Nunley http://www.oklahoma-bankruptcy-attorney.com/faqs/can-filing-bankruptcy-stop-my-paycheck-from-being-garnished-in-oklahoma/comment-page-1/#comment-4237 Dan Nunley Fri, 18 Jun 2010 00:10:13 +0000 http://www.oklahoma-bankruptcy-attorney.com/?p=610#comment-4237 Dawn, It depends on the type of bankruptcy you previously filed. If your last bankruptcy was a Chapter 7, then you won't be eligible for another Chapter 7 discharge until at least 8 years has elapsed between the filing dates of back-to-back Chapter 7 cases. However, you are eligible for a Chapter 13 discharge once 4 years have elapsed from the date you filed the Chapter 7 bankruptcy. Chapter 13 bankruptcy is substantially different from Chapter 7, but a Chapter 13 will stop a wage garnishment. I would suggest that you contact a knowledgeable bankruptcy attorney near your for advice appropriate to your specific situation. I wish you well. Dan Nunley Dawn,

It depends on the type of bankruptcy you previously filed. If your last bankruptcy was a Chapter 7, then you won’t be eligible for another Chapter 7 discharge until at least 8 years has elapsed between the filing dates of back-to-back Chapter 7 cases. However, you are eligible for a Chapter 13 discharge once 4 years have elapsed from the date you filed the Chapter 7 bankruptcy. Chapter 13 bankruptcy is substantially different from Chapter 7, but a Chapter 13 will stop a wage garnishment. I would suggest that you contact a knowledgeable bankruptcy attorney near your for advice appropriate to your specific situation. I wish you well.

Dan Nunley

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