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Does bankruptcy in Missouri get wage garnishments stopped?
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Bankruptcy in Missouri can potentially get your wage garnishments stopped, depending on what those wage garnishments are for. Wage garnishment occurs when you have a judgment issued against you from a creditor's lawsuit and the court puts in a garnishment order to satisfy the judgment. Wage garnishment can occur because of a lawsuit from any type of creditor.
Bankruptcy, however, will only help you to stop a garnishment if the money is being garnished to pay a debt that is eligible for inclusion in a bankruptcy filing. This means if your garnishment is for:
Then you can generally have the garnishment stopped. As soon as you file for bankruptcy protection, collection efforts must stop. Your debts will then either be discharged as a part of chapter 7 or will be included in your chapter 13 repayment plan, so there will be no further reason for any garnishment of your wages.
However, if the wage garnishment is for:
the bankruptcy likely will not help you. These types of debts are not included in a bankruptcy discharge and are not eligible for bankruptcy protection, so a bankruptcy will have no impact on them.
Before you file bankruptcy, it is important to talk to a bankruptcy lawyer who can assist you in making sure that your bankruptcy will actually help you to deal with the particular debt that you are struggling with.
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