To Our Clients & Prospective Clients -- As of March 18, 2020, Starr & Starr, PLLC remains open for business during the current Corona virus (COVID-19) crisis. We remain in communications with our clients by phone, email and our secure file share site. We are scheduling telephone consultations by phone and video chat. The U.S. Bankruptcy Courts remain open and we are able to continue to file new cases. The U.S. District Court remains open and we continue to file new cases. The New York State Court system has temporarily suspended “non-essential functions” which includes most civil matters.

We hope everyone stays safe throughout these difficult times.

Using Bankruptcy to Stop Wage Garnishment in New York

Many of our clients and prospective clients in Manhattan, Bronx, Queens and other boroughs are facing the difficult situation of a wage garnishment and wonder if a personal bankruptcy filing could help.

Just to review, a creditor with a judgment can garnish the defendant/judgment debtor’s wages. The law permits up to 25% of a judgment debtor’s wages to be garnished in any pay period, not exceeding 10% per year,.

Immediately upon filing a personal bankruptcy petition the automatic stay goes into effect.

It is a violation of the Bankruptcy Code for a creditor to continue with a wage garnishment once a bankruptcy case has been filed. We can usually get a wage garnishment stopped within a day of two of bankruptcy filing. For someone who is paid every two weeks — depending on when the bankruptcy case is filed — we should be able to stop the wage garnishment before the next pay period. Note that there are exceptions for certain types of debts, such as child support.

At Starr & Starr, PLLC we can assist you with a personal bankruptcy cases in New York to stop a wage garnishment. Please feel free to contact us at 888-867-8165 or by e-mail at info@starrandstarr.com for further information or to schedule a consultation.

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