I’m trying to recover wages that were garnished before I filed Chapter 7 bankruptcy. Already had my 341 meeting, and the objection date to contest discharge has passed, but the discharge hasn’t been granted yet. I’ve been told I can file a motion to recover the wages, but I’m unsure whether I should file with the bankruptcy court or the court where the wages were originally garnished. I’m handling this pro se since I can’t afford a lawyer. Anyone know what my next step should be?
I think you’d need to file it with the bankruptcy court. They handle issues related to the case, including garnished wages.
Uri said:
I think you’d need to file it with the bankruptcy court. They handle issues related to the case, including garnished wages.
Agreed. It’s usually the bankruptcy court, especially if it involves preference actions under the bankruptcy code.
Uri said:
I think you’d need to file it with the bankruptcy court. They handle issues related to the case, including garnished wages.
Yeah, I handled something similar, and it was the bankruptcy court that dealt with it.
Pro se can be tough, but make sure to file before your case closes. They might not let you recover after that.
Kale said:
Pro se can be tough, but make sure to file before your case closes. They might not let you recover after that.
This is key. Once the case is closed, it’s much harder to get anything done. Good luck!
If you’re unsure, you could ask the clerk at the bankruptcy court. They can’t give legal advice, but they might point you in the right direction.
Blake said:
If you’re unsure, you could ask the clerk at the bankruptcy court. They can’t give legal advice, but they might point you in the right direction.
That’s a good suggestion. Clerks are usually helpful if you explain your situation clearly.
Have you sent a demand letter yet? That might help your case before filing the motion.
Maxwell said:
Have you sent a demand letter yet? That might help your case before filing the motion.
Sending a demand letter is a good idea, but do it quickly before the case moves further along.
You should check if this counts as a preference action under Section 547 of the Bankruptcy Code. That’s what governs payments made shortly before filing.
Tatum said:
You should check if this counts as a preference action under Section 547 of the Bankruptcy Code. That’s what governs payments made shortly before filing.
Exactly, and there’s usually a 90-day window for those payments to be challenged.