Legal Question in Bankruptcy in Illinois

I am going to talk to a lawyer this week about filing for bankruptcy. I had court last week, and a creditor wants to garnish my wages. I dont make enough for that to happen. So, he wanted part of my tax return. The judge says anything over 4000 dollars, i have to turn over to the creditor. My question is, when i file on this creditor, what happens with this money im giving them. Can i have my attorney overturn this decision? Or, what happens to this money? Thanks so much


Asked on 1/29/11, 10:41 pm

1 Answer from Attorneys
Frank Vosholler Law Office of Frank L. Vosholler III

well, basically federal bankruptcy trumps state court. However, what happens with that is you have exemptions in bankruptcy that you can place on items such as tax refunds, anything over exemption amount is given to trustee who can distribute money to creditors on a pro rata basis after he takes his fees of course. www.frankvlaw.com

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Answered on 3/29/11, 9:01 pm


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