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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 Jamie L. Gingold, PC

195 14th Street NE #1604
Atlanta, GA 30309

Phone: (678) 915-2634


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    Jamie L. Gingold, PC
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    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.

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    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.

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