Legal Question in Bankruptcy in Maryland
Chapter 7 requirements
Can a person whose debt is a little over $10,000, already going through garnishment with another one possibly pending, a salary of $28,000 (gross) annual and no assets, paying out almost all the income for back debts, file Chapter 7, or would this case possibly be thrown out?
3 Answers from Attorneys
Eligibility for filing bankruptcy
There are no rules as to who may and who may not file for protection under the bankruptcy code. My advice to clients is always file before any garnishment starts because it prevents the garnishment. If your wages are subjecxt to garnishment, your credit is already ruined so filing bankruptcy and getting the debt discharged is a logical step Contact an attorney immediately. A bankruptcy filing is not something one should attempt unless that person is a lawyer experienced in filing bankruptcies.
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Bankruptcy/garnishment
You can file Ch. 7 bankruptcy, and there isvirtually no chance that the case would be dismissed under the circumstances you describe.You should act quickly, as filing will stop the garnishment and you may be able to recoverpart of what was already garnished.
I practice bankruptcy law in VA, DC, and MD.Feel free to e-mail me if you have furtherquestions.
Eligibility for Filing Bankruptcy
First, the mere act of filing for bankruptcy will stop all garnishments against your salary.
As far as whether you can file under Chapter 7, the answer depends on your assets and your income. If you have "excess income," that is, income in excess of that necessary to cover your regular living expenses, you may be required to convert your case to one under Chapter 13.
Your best bet is to speak with a Maryland bankruptcy attorney who can look at your specific situation and let you know what you can do. We practice extensively in this area, and would be happy to speak with you about your situation. There is no charge unless you decide to go forward with the case. Our phone number is (301) 570-8976.
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