' Can Bankruptcy Stop Wage Garnishment? - Law Offices of Robert M. Geller, P.A.

Can Bankruptcy Stop Wage Garnishment?

can bankruptcy stop wage garnishmentWage garnishment is a legal process in which a creditor can collect a debt by receiving a court order that requires an employer to withhold a certain amount of money from the debtor’s paycheck. This can be a serious financial burden for individuals struggling to make ends meet.

If you are facing wage garnishment, you may be wondering if bankruptcy can stop this process. The good news is that in many cases, bankruptcy can prevent or stop wage garnishment. Let’s explore how bankruptcy can help you stop wage garnishment and what you need to know before filing for bankruptcy.

Types of Bankruptcy

The two main types of bankruptcy are Chapter 7 and Chapter 13. Chapter 7 bankruptcy is a quick process that wipes out most unsecured debts, such as credit card debt and medical bills. When you file for Chapter 7 bankruptcy, the court issues an automatic stay on your creditors, including wage garnishment. This means that your employer must stop garnishing your wages immediately, giving you some relief from financial stress. However, it’s important to know that some types of debts, such as taxes and student loans, are not forgiven in Chapter 7 bankruptcy.

Chapter 13 bankruptcy, on the other hand, is a payment plan that allows you to pay off your debts over three to five years. When you file for Chapter 13 bankruptcy, an automatic stay goes into effect, just like in Chapter 7. However, instead of wiping out your debts, you will make regular payments to a bankruptcy trustee who will distribute the money to your creditors. During this time, your wage garnishment will also stop, and you will have the opportunity to catch up on any missed payments on your secured debts, such as your mortgage or car loan.

Automatic Stay

It’s worth noting that there are some exceptions to the automatic stay. If you have had a bankruptcy case dismissed in the past year, the automatic stay may only be in effect for 30 days or not apply.

Additionally, if your wages are garnished for child support or alimony, the automatic stay may not apply to those debts. However, in most cases, bankruptcy can provide some relief from wage garnishment.

Before filing for bankruptcy, it’s important to speak with an experienced bankruptcy attorney. They can help you understand the process and whether bankruptcy is the right solution to your financial problems. Bankruptcy can have long-lasting effects on your credit, so it’s important to consider all of your options before making a decision.

Wage garnishment can be an incredibly stressful and overwhelming process for individuals who are already struggling financially. Bankruptcy can provide much-needed relief from wage garnishment and can help you get back on your feet. Whether you file for Chapter 7 or Chapter 13 bankruptcy, an automatic stay will prevent your wages from being garnished, giving you a chance to catch up on your financial obligations.

Just remember to speak with an experienced bankruptcy attorney before making any decisions. They can help you understand the ins and outs of the bankruptcy process and help you make the best decision for your financial future.

For more information about wage garnishment and how to deal with it, or if you’d like to speak to someone about your options for dealing with debt, contact the Law Offices of Robert M. Geller at (813) 254-5696 to schedule a free consultation with an experienced attorney.


Video Testimonials

Tampa Bankruptcy Law Blog

Can Bankruptcy Stop Foreclosure?

Many people face the distressing prospect of foreclosure on their homes. If you find yourself in this situation, it's crucial...
Read More

How Much Does It Cost to File Bankruptcy in Florida?

Financial challenges can be overwhelming. For many individuals, bankruptcy becomes a viable option for a fresh start. Many clients are...
Read More

How to Get Out of Debt: Exploring Your Options

Debt is a pervasive issue that affects millions of people worldwide. It is hard to escape debt, especially if you...
Read More

How Will Bankruptcy Affect My Child Support Obligations?

Parenting can be tough, and it's even harder when you're facing financial difficulties. Struggling with debt and bankruptcy can cause...
Read More

Student Loans: Is Discharge in Bankruptcy Possible?

Student loans have become a necessary evil for most students to pursue higher education. The cost of education has increased...
Read More

Should I File Bankruptcy for Credit Card Debt?

Credit card debt can be a huge burden on our financial lives. The pressure to make payments, maintain balances, and...
Read More

Can Bankruptcy Stop Wage Garnishment?

Wage garnishment is a legal process in which a creditor can collect a debt by receiving a court order that...
Read More

Bankruptcy Guide: How It Works, Types, and Consequences

Dealing with money problems can be a stressful and overwhelming experience. Sometimes, debt can become unmanageable, and it may feel...
Read More

What to Say to Someone Going through Financial Problems

Financial problems can be one of the most stressful experiences a person can go through. If you know someone who...
Read More

How Do People Get Into Debt?

How do people get into debt? Are you struggling with debt? Do you feel like the weight of your financial...
Read More


For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More


We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation


Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions