Legal Question in Bankruptcy in Wisconsin

Wage garneshment

I recently filed for chapter 7. I did it online by myself. At the hearing the guy said that I could file papers to get wages back that were garneshed from my paycheck at work. If that's possible, what papers and forms do I need, and where and how do I get those forms that I need to file. Any help you can give me would be greatly appreciated. Thank You.


Asked on 9/20/04, 3:41 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: Wage garneshment

Your bankruptcy trustee has the right to recover any payments made on a pre-bankruptcy debt within 90 days before filing which caused that creditor to receive more than the other creditors. If the trustee cannot accomplish this through negotiation, a federal bankruptcy court adversary lawsuit is necessary. Consumer creditors, however, are allowed to retain up to the first $600.00 they garnishee under section 547 (c)(7)(b), meaning that only amount recovered from the creditor in excess of $600.00 is recoverable. Generally speaking, if the trustee does not pursue such an asset of the estate, the debtor may do so, provided that money recovered would be exempt. Due to the complexity of federal litigation, howewver, I would not recommend attempting such a lawsuit on your own without legal counsel.

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Answered on 9/21/04, 2:48 pm


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