Garnishments And Bankruptcy

Is Bankruptcy Right For You?

While there is an unfortunate negative stigma surrounding bankruptcy, it’s important to know that many people in trying financial situations could greatly benefit from the process. For instance, if you’re currently dealing with wage garnishments, bankruptcy could help you.

Bankruptcy Can:


Stay Debt Collection Efforts


Eliminate Debts


Help Restart Finances

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End Wage Garnishment

What Is Wage Garnishment?

When you have outstanding debts, your employer can be court-ordered to withhold a certain percentage of your earnings to pay back creditors. This won’t happen without a formal hearing first where the creditor sues the loanee and wins the case. At that point, wage garnishment begins and can continue until the debt is entirely repaid.

Interested in learning how bankruptcy can help stop wage garnishment?


How Does Bankruptcy Provide A Solution?

While the entire bankruptcy process is much more involved, it’s important to know that the most direct way bankruptcy can assist you with wage garnishment is what’s known as an automatic stay of debt collection.

Simply put, this means that after you’ve successfully filed bankruptcy, debt collection efforts stop entirely. The only way they’d resume is if you fail to meet the terms of your bankruptcy case. Now, this does not mean that these debts are immediately eliminated. Instead, you’ll be tasked with meeting the terms of your bankruptcy case.

For Chapter 7, non-exempt property is seized and distributed between creditors to resolve debts. For Chapter 13, you’re non-exempt property is protected on the stipulation that you adhere to a court-ordered payment plan. For Chapter 7 bankruptcy, the process takes about 4-6 months, where Chapter 13 takes between 3-5 years.

That said, bankruptcy can give you a way out of debt, a chance to catch your breath, and hope for the future by removing the stress and burden of debt collector harassment and give you a responsible solution to fix your financial situation.


At The Cook Law Firm, we’re dedicated to providing the people of Louisiana with the best bankruptcy attorneys not just in the state, but the entire nation.

Please reach out to us right away if you have any questions or think that bankruptcy could be a solution for you.