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Stop NJ Wage Garnishments Child Support-Chapter 13 Bankruptcy

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Stop NJ Wage Garnishments Child Support-Chapter 13 Bankruptcy

Wage Garnishments, Chapter 13 bankruptcy, Child support

Written and Verified by Ralph A. Ferro, Jr., Esq.

Wage garnishments by the State of New Jersey are not permitted when you are in a Chapter 13 Bankruptcy.   All creditors, even the State, must abide by the Bankruptcy Court rules.   The State of New Jersey must stop wage garnishments for child support when you file a Chapter 13 bankruptcy.

The NJ State Courts do not have the right to argue to issue wage garnishments when you file a Chapter 13 Bankruptcy.    Bankruptcy Court rules are binding.

Here is an example of one case related to Child Support in a Chapter 13 Bankruptcy

Child Support Chapter 13

  • Debtor was behind in Child Support Payments.
  • State garnished debtor’s wages
  • Debtor filed a Chapter 13 Bankruptcy
  • Child Support Payments were included in the Plan as well as the arrearages
  • State continued to garnish debtor’s paycheck
  • Debtor requested State stop garnishments
  • State would not stop garnishments.

 Stop NJ Wage Garnishments for Child Support Ruling

  • Once a Chapter 13 is confirmed, all parties must abide by the payments through the Plan
  • Debts of child support are non-dischargeable and were being paid through the Plan
  • Bankruptcy Court ordered that the State stop the Wage Garnishments

State could not argue this Case in a State Court proceeding; Bankruptcy Court ruling is binding.   The State of New Jersey does not have jurisdiction while you are in Chapter 13 Bankruptcy.

Knowing your rights while in a Chapter 13 Bankruptcy is important.    Bankruptcy Protection is your right.

If you are considering filing for bankruptcy, I provide a free bankruptcy consultation.   Contact me today.   Also, please read my client reviews – I care about my clients’ financial success.   When you hire, I represent you and continue to work with you throughout the entire case and beyond.    You are never passed on to an associate.