Wage Garnishment & Bankruptcy

Many people experiencing a wage garnishment turn to bankruptcy.  In short, bankruptcy can stop a wage garnishment and discharge the underlying debt.  In fact, once a bankruptcy petition is filed with the court the "automatic stay" prevents the continuation of a wage garnishment.  For example, if you have a wage garnishment effective on Monday, but file bankruptcy on Tuesday, you will not have a 25% deduction from your wages on Wednesday.  The relief provided by the automatic stay is often the motivating force for debtors to call a bankruptcy attorney.  However, waiting until a wage garnishment is active is often a sign that the debtor should have called a bankruptcy attorney earlier.  With advance planning a bankruptcy petition can be filed before a wage garnishment comes into existence, thereby protecting wages and making the entire bankruptcy process generally easier and less rushed.