Will bankruptcy stop wage garnishment?
Yes, bankruptcy can stop wage garnishment in Oklahoma. To begin, a wage garnishment is a court order where a creditor can take a portion of wages from an employee to pay back a debt. Fortunately, if you file for bankruptcy in Oklahoma, any wage garnishments will be stopped, even if the creditor applied for wage garnishment before you filed. This is due to the automatic stay, which is an order from the bankruptcy court that requires creditors to immediately stop any action they are taking against you including wage garnishment. In addition, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) states that creditors must cease their efforts to collect debt in any manner, including the garnishment of wages. However, if you did not list the creditor that is attempting to garnish your wages on the bankruptcy petition, the automatic stay will not be applied to the creditor and they will be able to continue with wage garnishment. In conclusion, filing for bankruptcy in Oklahoma will stop wage garnishment from taking place. However, if the creditor attempting to garnish your wages was not listed in the bankruptcy petition, the automatic stay will not apply and they will be able to garnish your wages. It is important to list all creditors in the bankruptcy petition to ensure all attempts to collect debt are stopped.
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