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.
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