If I file bankruptcy today will my paycheck still be garnished tomorrow?The short answer is yes.  However, there are several things to keep in mind:If you are being garnished, you are likely filing bankruptcy to stop that garnishment. Filing bankruptcy will stop the garnishment. Creditors are not allowed to collect from you while you are in the bankruptcy. However, given that payroll is likely done several days before you are actually paid, the garnishment may continue 1-2 paychecks after the bankruptcy is filed.  It is not as simple as filing and the garnishment stopping.

Affairs of the Checkbook: a Growing Problem…

I recently saw an online advertisement for chapter 7 bankruptcy services by an attorney offering to do the work for rock bottom pricing.   The attorney’s website failed to clearly indicate specific office address locations and made no mention of any relevant bankruptcy experience or applicable bankruptcy credentials. Really the website failed to disclose much at all except the attorney’s rock bottom flat rate pricing for chapter 7 cases.

By: Marshall G. Reissman, Attorney at the Reissman Law Group, P.A.
The 11th Circuit Court of Appeals recently held that debtors in Chapter 7 bankruptcy have the ability to strip off their second mortgage on their homestead property if the first mortgage is greater than the value of the home. The ability to wipe out a second mortgage in bankruptcy was previously only available to debtors in Chapter 13 bankruptcy.

By: Marshall G. Reissman, Attorney at the Reissman Law Group, P.A.
The 11th Circuit Court of Appeals recently held that debtors in Chapter 7 bankruptcy have the ability to strip off their second mortgage on their homestead property if the first mortgage is greater than the value of the home. The ability to wipe out a second mortgage in bankruptcy was previously only available to debtors in Chapter 13 bankruptcy.

By: Marshall G. Reissman, Attorney at the Reissman Law Group, P.A.
The 11th Circuit Court of Appeals recently held that debtors in Chapter 7 bankruptcy have the ability to strip off their second mortgage on their homestead property if the first mortgage is greater than the value of the home. The ability to wipe out a second mortgage in bankruptcy was previously only available to debtors in Chapter 13 bankruptcy.

Many individuals filing for bankruptcy experience various types of collections efforts prior to filing.  These collections efforts can include anything from harassing phone calls and letters to law suits and even garnishment.  If you, or someone you know, is currently receiving phone calls or other collections efforts you should contact an attorney immediately. 

Many people filing for bankruptcy choose to hire an attorney to file their petition.  Bankruptcy law is very complex and changes from time to time making it somewhat difficult to navigate for a pro se debtor.  It is important to remember, that even though you have an attorney you are still personally responsible for the completeness and accuracy of your petition. 

I am pleased to announce Diamond Law has opened a 2nd location on the eastside of El Paso.  For about a year we had a small office on the eastside opened 2 days a week, but now we finally took the plunge and opened up a beautiful (I decorated) new office to better serve El Pasoans.  I always heard that El Paso was one of the largest cities per square mile in the country. El Paso covers  1013 square miles - all the more reason to add a second office.