Can I keep a wage garnishment check I received prior to a debtor filing a petition for bankruptcy?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I keep a wage garnishment check I received prior to a debtor filing a petition for bankruptcy?

The debtor attorney says I must return the check. Also, the court violated Bankruptcy stay and forwarded me more checks after bankruptcy was filed. I already spent the money, now debtor’s attorney want the money back. If court was in error, then must I repay money to bankruptcy trustee?

Asked on September 16, 2011 under Bankruptcy Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The time frame matters here and it sounds as if you will probably have to return the money.  The court being in violation does not really help your case if you knew or should have known that the money was part of the bankrupt estate and not for distribution at this time.  I would cal the trustee and speak with him or her on the matter and find out what kind of deal you can make here.  You do not want them all coming after you now for the money.  And you need to make sure that you file a claim with the court for the judgement you have as well. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption