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Bankruptcy’s automatic stay can stop wage garnishment Atlanta, GA

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Bankruptcy’s automatic stay can stop wage garnishment

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Having your wages or bank account garnished by creditors can be frightening, especially since you probably are already dealing with huge debt problems by that point. With less money coming in, how are you supposed to get a handle on your bills?

Bankruptcy may be an option. Going through Chapter 7 or Chapter 13 bankruptcy has several advantages. One of them is that collection efforts like garnishment stop immediately.

The moment you file for bankruptcy, something called the automatic stay takes effect. This stay stops any pending lawsuits from creditors or many other parties seeking money from you, and prevents any other suits from being filed. For those in serious financial peril, this could make a big difference.

Among the things that an automatic stay protects people from include:

  • Foreclosure proceedings
  • Evictions
  • Having their utilities shut off
  • Wage garnishment

Exceptions exist, and there are some things that other parties can still pursue you for. Suits related to child support and some tax proceedings can continue. In addition, an automatic stay cannot keep you from having to fulfill the portion of a criminal sentence unrelated to debt or repay a loan against your pension.

In many cases creditors will try to get around the stay by asking the bankruptcy court to “life the injunction,” a term meaning they want the judge to remove the stay. The judge generally will do so if the creditor can show the automatic stay is not serving its intended purpose.

Still, an automatic stay can give you some breathing room while going through bankruptcy.

Posted on behalf of Gingold & Gingold

1718 Peachtree St NW, #385
Atlanta, GA 30309

Phone: (404) 685-8800

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Our Client Reviews

Gingold & Gingold LLC
5.0 / 5.0

Based on 28 reviews

Jack L.

They did an excellent job with my case. Jamie took the time to really listen and understand things. She delved into the details and was extremely knowledgeable and non judgmental. Very professional and they know what they are doing. Would definitely recommend!

All C.

Mr. Gingold was recommended by an attorney I had worked with previously. I met with Ira Gingold to discuss credit issues. He went over each specific issue thoroughly. He advised me of the potential outcomes. He did all this in one meeting for a very reasonable price. When we finished I was confident in moving forward with a resolution. He definitely wants to help people take the appropriate course of action for their circumstance.

Karen B.

Dear Mr Gingold, There are so many reasons to be thankful for all you have done and will do. Anyone who has ever had unfavorable experiences with an attorney or the legal system will feel the trepidation that I experienced once I realized that my situation seemed hopeless. It was by chance and happily good luck that I decided to put my future and sanity into your hands. I was mortified at having to deal with my debts by claiming bankruptcy. I remember in our first meeting how you assured me that I was not alone and should not feel ashamed. And, anyone in this position obviously does not have money to spare and you were clear about all the costs and allowing me to pay according to my own ability to do so. You advised me in all aspects of the law, but also, you were at each meeting incredibly supportive and complementary of my personal and professional plans. Anyone else in this situation should feel blessed to have access to your expertise and support.

Lyla B.

I thought the process of filing bankruptcy was going to be a difficult one. However, Gingold & Gingold treated me with respect and dignity from the moment I walked through their door. I had the pleasure of working with Jamie. She is very responsive, professional, and knowledgeable. She took the time and listened to my every concern and handled each and every one of them to my satisfaction. My experience with filing bankruptcy under Gingold & Gingold's representation exceeded my expectations in a major way. They gave me such a peace of mind. I am very pleased with my decision of going with Gingold & Gingold to represent me when I filed Chapter 13 bankruptcy.

Julie T.

Wow! I am finally out of debt and can say that I am debt free after completing my chapter 7 bankruptcy case with Gingold and Gingold. Mr dangled was very knowledgeable and direct with regard to my debt situation. there were no surprises and the case went as I was advised. The staff was also very helpful whenever I had a question. I will definitely recommend them in the future to my friends.

Sherard W.

I cannot say enough about this law firm. From the initial consultation to our discharge, the entire office kept me updated with every step of the entire process. I came to the Gingold after a bad experience with another law firm. Ira and Jamie immediately began treating me like family through this experience. In the end, they assisted with eliminating many debts including my 2nd mortgage. I cannot say enough about the experience and knowledge that Ira brought to the table from the office visits to the court time. Thank you very much for helping me through this tough time. Thank you.

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