Can Bankruptcy Protect a Debtor from Garnishments/Lawsuits?
In most cases, the answer is yes. When a person files for bankruptcy, an automatic stay is created that bars most creditors from further collection activity during the time of the bankruptcy proceedings or until further order of the Court.
When certain creditors (e.g. - child support creditors) are not barred by the stay, most creditors are barred from further collection efforts, including wage garnishments and lawsuits. To learn more about bankruptcy and your rights, contact Illini Legal Services.
What about Credit Card Debts or Medical Bills?
Yes. By filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy, you have all the protection that the bankruptcy law allows. The process is designed to halt all the phone calls and to give you time to create a workable plan to restructure your finances.
What Happens when the Automatic Stay Ends?
The automatic stay will give your attorney time to seek relief on your behalf through Chapter 7 bankruptcy or Chapter 13 bankruptcy. If you are eligible for a Chapter 7 bankruptcy, you may be able to discharge most forms of debt, including credit card debts, medical bills and other unsecured debts.
If you obtain a Chapter 13 bankruptcy, you may be able to receive a debt repayment plan that allows you to put a stop to a wage garnishment, pay your debts gradually over time, and discharge a portion of your debts.
Learn More
To speak with a lawyer about a wage garnishment, civil judgment, creditor harassment or another debt problem, contact Illini Legal Services, Attorney C. David Ward at 630-405-5027.
Contact Us
Contact bankruptcy attorney C. David Ward or Joseph D. Lovelace for a consultation today.
Illini Legal Services is engaged in the private practice of law and is not a public legal aid agency. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
