In a Chapter 7 Bankruptcy, how does one list income garnishment? - Bankruptcy Law Questions and Answers- LawQA.com

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In a Chapter 7 Bankruptcy, how does one list income garnishment?

How would I list my income on my chapter 7? I know I would add everything up in the last 6 months and divide by 6 to get the average. Problem is, I have a wage garnishment that JUST started last week. How would I list that? I originally put $400 a month (which is what it should be monthly), but that's not what is HAS been.


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You list the garnishment taken from you in the 90 days before filing on line 35 of Schedule B, making sure that it is exempted in Schedule C. That way to can demand that it be returned to you.

Answer Applies to: Minnesota
Replied: 4/23/2014


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You list your gross income so the garnishment does not matter.

Answer Applies to: Nevada
Replied: 4/23/2014

Answer By Nick Best
Detroit Lawyers, PLLC
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List the garnishment on the Statement of Financial Affairs under 4b. Don't worry about it on the means test since you're using the gross amount for that 6 month average anyway. I don't list it on schedule I because it'll be stopping when you file for bankruptcy and that looks at your current income and takes into account payroll deductions and garnishments that would be ongoing. If the garnishment is over $600 during the 90 days prior to bankruptcy I list it on schedules B & C so that I can recover it.

Answer Applies to: Michigan
Replied: 4/22/2014

Answer By Paul Ross

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I assume you are talking about the means test. That is only gross income for the past six months and does not include any expenses/deductions unless you have to rebut the presumption. A garnishment does not show up on the means test even if you are attempting to rebut the presumption. Do not confuse Sch I & J with Form 22A. Visit with an attorney. A bankruptcy attorney has software that will run all the calculations for the means test, no point in doing it manually.

Answer Applies to: Idaho
Replied: 4/22/2014

Answer By Patrick Currin

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The garnishment info should go on the Statement of Financial Affairs. You should notice the people garnishing of the BK since they are now stayed. Do not consider the garnishment when completing the Means Test, however.

Answer Applies to: California
Replied: 4/21/2014

Answer By Cate Eranthe
Eranthe Law Firm
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You have to list your gross income on the means test and Schedule I which would be before the garnishment. The garnishment is listed in the appropriate place on the Statement of Financial Affairs. Talk this over with your knowledgeable local bankruptcy attorney. This is not something you should be doing yourself.

Answer Applies to: California
Replied: 4/21/2014


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Your garnishment does not belong on Schedules I and J or Form B22 of your bankruptcy filing as the bankruptcy will end the garnishment. It may need to be disclosed elsewhere on the filing (I.e., the Statement of Financial Affairs).

Answer Applies to: Wisconsin
Replied: 4/21/2014

Answer By Daniel Garner
Garner Law Office
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The "means test" goes by gross income so garnishments are disregarded.

Answer Applies to: Oregon
Replied: 4/21/2014

HARVEY S. MORRISON, ATTONEY AT LAW
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I must assume that you plan to file the case yourself and are now trying to figure out the "Means Test". There is no line for deduction of wage attachments, which would end upon filing of the bankruptcy. Likewise, Schedule J has no item for garnishments, probably for the same reason. You should disclose the garnishments in the Statement of Financial Affairs - Item 4.

Answer Applies to: Ohio
Replied: 4/21/2014

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Do not include the garnishment on B22 - that is a payment to a creditor not properly reported there.

Answer Applies to: California
Replied: 4/21/2014

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