Legal Question in Bankruptcy in California

After receiving a judgment to Garnishee can I file Bankrupt

My wife , and not I, on a CC debt has beed served to appear in court. Can she file bank rupt? What percent of her wages can they take? she only Makes about $500 a month.

The debt started at $500 she makes small payments, I'm sure the $500 has been paid, but with extra charges and high interest they filed for $1700. I also owe an $24000 hospital bill. maybe its time to file... about how much does it cost to file a section 7 or 13 ? problem is if I had any money I wouldnt need to file. can the court set payments for her?


Asked on 12/28/03, 2:41 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: After receiving a judgment to Garnishee can I file Bankrupt

Yes, she can file bankruptcy. Wages cannot be garnished after a bankruptcy is filed, that would defeat the whole purpose of filing. Costs for filing Ch. 13 or Ch. 7 vary depending on a number of factors. For a basic chapter 7, I charge around $1,000 plus the filing fee ($209). If you or she would like a free phone consult, please visit my webpage at http://www.bklaw.com/consult.html and then contact me to schedule a time.

Regards,

Mark

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Answered on 12/28/03, 3:05 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: After receiving a judgment to Garnishee can I file Bankrupt

Different lawyers charge different rates for bankruptcy. Some (like me) understand the financial bind people are in and work with the client to make payments managable. The court charges $209 flat filing fee for a Chapter 7 bankruptcy. It would be best if you decide to file for BK to file together with your wife. It stops all collection activity, including wage garnishment and possible bank account attachment. Feel free to call me on Monday for a free phone consultation. (310) 858-9771.

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Answered on 12/28/03, 3:13 pm


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