April 15, 2015
There are many instances where deadlines are set but they are not strictly enforced. That is not the case in Bankruptcy.
Wage Garnishments: If you wages are garnished 90 days prior or on the 90th day of your bankruptcy filing date, these funds are may be due back to the Debtor. However, the key is the actual date of the transfer. One court held that the date of the Writ of Garnishment is the key date. A judgment creditor obtains a prior right which cannot be defeated except by failing to obtain his/her judgment.
The date is not the date that the transfer of the debtor moneys took place but the date the Writ of Garnishment was issued.
In this case the Writ of Garnishment was 91 day before the debtor’s bankruptcy filing. Because the petition was filed one day too late, the debtor lost an opportunity to recoup over $6,000 in garnished wages.
Timing of filing of your Bankruptcy Petition has serious implications. It is for this and many reasons that you need to consult with an Attorney that specializes in Consumer Bankruptcy Law.
As I have mentioned before, be sure when you are seeking to hire an attorney for bankruptcy, look to one that is Board Certified like me.
A free consult with me could be very crucial to your case and timing is important.