Legal Question in Bankruptcy in California

Jobs and bankruptcy

I am currently on disability, and have been on it for a year and plan to apply for social security disability. I have about 20,000 in credit card debt that I've been trying to pay off for years, but to no avail. My question is, if I get a job, can I still file bankruptcy? or can they, the credit card companies, attach my wages if I start back to work?

Thanks for any info.


Asked on 5/12/02, 12:17 am

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Jobs and bankruptcy

Without suing you and getting a judgment. No one except the IRS or State Franchise Tax Board can attach your wages. If you stop making payments will the credit card companies sue you? Probably not, and if the debt gets over $3,000.00 maybe. However, below a couple of thousand dollars it's not worth their trouble. They have to pay out so much money to collection agencies and attorneys to collect from people who'll file BK the next day. That it simply isn't done. And emotionally you're always better off making some money with a job. So get employed and stop paying on your credit card debts. If they sue you file BK. In either case you'll ruin or you have ruined your credit rating. The sooner you do, the sooner you can recover your credit rating by starting to pay your new bills.

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Answered on 5/12/02, 1:59 pm
Mark Markus Law Office of Mark J. Markus

Re: Jobs and bankruptcy

Well, those are two different questions. You can, of course, file bankruptcy if you have a job. The question is which chapter you would file, and that depends on the amount of your net income and monthly expenses, as well as the amount of debt you have. As for creditors garnishing your wages, yes they can do that if they get a judgment against you.

If you would like a free phone consultation please visit my webpage at http://www.bklaw.com/consult.html for what information you will need, and then give me a call and I will be happy to assist.

Mark

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Answered on 5/12/02, 4:32 am


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