Will bankruptcy stop wage garnishment for medical bills? - Bankruptcy Law Questions and Answers- LawQA.com

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Will bankruptcy stop wage garnishment for medical bills?

If I declare bankruptcy, will that stop my wage garnishment for a medical bill?

Answer By Paul Stuber
Paul Stuber, Attorney at Law
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Yes it will.

Answer Applies to: Colorado
Replied: 11/16/2011

Answer By Katie M. Stone
The Law Offices of Katie M. Stone
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Yes, a bankruptcy will stop a garnishment that is happening due to a judgment for medical bills you owe. It usually takes about 15-30 days to get the garnishment to stop after you file the bankruptcy petition. You may be entitled to a refund on the garnishment money that has already been taken.

Answer Applies to: Florida
Replied: 11/7/2011

Answer By Marvin Wolf
The Law Office of Marvin Wolf
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The act of filing bankruptcy creates a bankruptcy estate, consisting of all of the debtor's assets. The court's automatic stay protects those assets, so yes, bankruptcy stops all wage garnishments. In fact, you may be able to get some of that money back as a preferential payment to creditors if you exempt it on the petition.

Answer Applies to: New Jersey
Replied: 11/3/2011

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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Yes, bankruptcy stops garnishment for medical bills.

Answer Applies to: Indiana
Replied: 11/2/2011

Answer By Cate Eranthe
Eranthe Law Firm
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Yes. You need to notice the medical provider, any collection agencies, attorneys and the levying officer. You should also file a Notice of Stay of Proceedings with the Superior Court where the judgment originated.

Answer Applies to: California
Replied: 11/1/2011

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ALL garnishments MUST CEASE upon the filing of a bankruptcy petition.

Answer Applies to: South Carolina
Replied: 11/1/2011

Answer By James Wingfield
Law Offices of James Wingfield
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Yes! A personal bankruptcy will stop a wage garnishment and will force the creditor to be treated the same as all other similarly classified creditors.

Answer Applies to: Massachusetts
Replied: 11/1/2011

Answer By Daniel Moulton
Law Offices of Daniel Moulton
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Answer Applies to: Illinois
Replied: 11/1/2011

The Law Offices of Seth D. Schraier
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It depends on a number of factors. This includes your current income, the total amount of debts owed, the total amount of the judgement for the medical bills, and whether you qualify for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy in light of the above factors. If your income and assets are high enough that you could theoretically pay off this debt and others within a 5 year period, then you would still have to pay off some of the debt.

Answer Applies to: New York
Replied: 11/1/2011

The Schreiber Law Firm
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If you list that creditor in the bankruptcy schedules, yes.

Answer Applies to: California
Replied: 11/1/2011

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