If my wages have been garnished, once I file Chapter 7 what will I have to do to get that money back?

Asked on November 21, 2013 under Bankruptcy Law, Alabama


Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

Do you have an attorney?  if so, ask him to file a preference action to recover the garnished wages.  Were the wages claimed as exempt on schedule C of the schedules filed?  If not, you may be out of luck if you didn't reveal a potential asset.  If you don't have an attorney, you can file an adversary complaint to recover the preference, the rules for which vary in each Circuit.

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