Are you facing wage garnishments due to overwhelming debt? If so, filing for bankruptcy may be the solution you need to stop the garnishments and get your finances back on track. Here's what you need to know:
Understanding Wage Garnishments
A wage garnishment is a legal process in which a creditor can collect a portion of your wages to satisfy a debt. This means that a portion of your paycheck will be taken out before you even receive it, leaving you with less money to cover your living expenses. Wage garnishments can cause significant financial stress, making it difficult to pay your bills and maintain a decent standard of living.
The Automatic Stay
When you file for bankruptcy, an automatic stay is put in place. This stay is a legal order that stops all collection efforts, including wage garnishments. The automatic stay takes effect as soon as you file for bankruptcy, providing immediate relief from creditor harassment and wage garnishments.
Chapter 7 vs. Chapter 13 Bankruptcy
There are two main types of bankruptcy: Chapter 7 and Chapter 13. In a Chapter 7 bankruptcy, your non-exempt assets are sold to pay off your debts, and any remaining debts are discharged. This type of bankruptcy is typically best for those with little to no disposable income.
In a Chapter 13 bankruptcy, you create a repayment plan that allows you to pay off your debts over a period of three to five years. This type of bankruptcy is typically best for those with a steady income who can afford to make monthly payments towards their debts.
Which type of bankruptcy is right for you will depend on your individual financial situation. A bankruptcy attorney can help you understand your options and make the best decision for your circumstances.
Conclusion
Wage garnishments can be a significant financial burden, but bankruptcy can provide the relief you need to stop them and get your finances back on track. The automatic stay stops all collection efforts, including wage garnishments, providing immediate relief and a chance to get a fresh start. If you're struggling with debt and wage garnishments, contact a bankruptcy attorney to learn more about your options.