Legal Question in Bankruptcy in Tennessee

This past spring I filed bankruptcy. I had to file it pro se because I could not afford a lawyer. I had no assets so it was really just a simple case. Somehow I did not get notification that a form was missing (the one showing I had completed the financial class) and so the case was closed without dismissal.

I have since reopened the case to file the form. However in the month between the case being closed and scraping up the money, a company has garnished my wages to the point that I cannot make bills. I was not given a chance to protest the amount or anything. Just bang: 20% garnishment of my wages.

Last week I mailed out the notification about the filing. I had been told that would stop the garnishment. It did not. I know they got it because i actually hand delivered theirs, since they are just down the street from work. They were given the forms Wednesday. My pay period ended Friday. Checks will be cut Friday, but I have direct deposit and can see the check stub already. I know payroll isn't run until Mondays because we have to have hours adjusted and submitted by end of day that day. So they had Wednesday, Thursday, and Friday to take care of this. And Monday morning.

I've been following my filing online. So far as I can tell no one has protested and I fully expect the debts to be dismissed around Feb. 1. But this garnishment is killing me. Will they continue to garnish my wages until the debts are discharged? Since they slid in during that "case is closed" and "case is reopened" window, can they continue to garnish my wages? Is there any way I can get any of that money back so I can pay bills? I can't find any information online. I tried my company's help line and never got called back, and I'm honestly at the end of my rope. Please for the love of God someone tell me there's a light at the end of this tunnel that isn't a train.


Asked on 1/10/18, 6:14 pm

1 Answer from Attorneys
Dan Scott Scott Law Group, PC

Based upon what you've stated it appears that you did not complete the 2nd financial counseling course, or didn't file the certificate. When that happens you case gets dismissed without the discharge being granted. This means that you lost the number one most valuable benefit of filing your Chapter 7 case: the Discharge.

You'll have to ask the court to reopen your case to allow you to file the certificate and have the discharge granted. It is only after the discharge is granted will you be able to stop the garnishment. Hope this helps.

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Answered on 1/11/18, 1:47 am


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