Legal Question in Bankruptcy in Maryland
I filed chapter 7 bankruptcy 5 years ago and all of my debts were discharged except taxes and student loans. One of the creditors had a judgement that was included in the bankruptcy. It is even showing as discharged in bankruptcy on my credit report. But that individual in attempting to garnishing my wages on the basis that he claims he was never notified and that the case is still showing as open. I have proof that all creditors were notified but when I looked up the case it is showing as active but on my credit report its showing as included in bankruptcy. I need to know what I need to do to stop the garnishment? Do I need to mail that court house another copy of the bankruptcy decree or do I need to file something directly against the creditor. Please help. Thank you
2 Answers from Attorneys
You need to advise the garnishment court as well as file a motion to hold the creditor in contempt in bankruptcy court. Your bankruptcy lawyer should be happy to do this for you, as legal fees are typically awarded against the creditor (in addition to other damages), provided notice was proper.
You may have a cause of action against the creditor for violation of the discharge order. Call your bankruptcy attorney and let them know and they should take care of it for you.
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