Stop NJ Wage Garnishments for Child Support-Chapter 13 Bankruptcy

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 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.