Legal Question in Bankruptcy in California
Can Bankruptcy release you from a California EDD wage garnishment? Even if the overpayment was fraudulent?
Asked on 10/28/09, 5:18 pm
1 Answer from Attorneys
Carl Starrett
Law Offices of Carl H. Starrett II
The automatic stay would temporarily halt the garnishment. If the debt was discharged, it would be halted permanently. If the overpayment was fraudulent, then the EDD would have to file the property legal proceeding in bankruptcy court called an Adversary Proceeding to object to you receive a discharge of that debt.
Answered on 11/02/09, 6:54 pm
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