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COLLECTIONS, TAXES, BANK CHARGES, WAGE ASSIGNMENTS, JUDGEMENTS, AND COURT PROCEEDINGS
FREQUENTLY ASKED QUESTIONS
Read below for frequently asked questions on filing bankruptcy regarding collections, taxes, bank charges, wage assignments, judgements and court proceedings. Contact Us for additional questions or to speak with one of our bankruptcy attorneys today.
Can stop wage garnishment or wage assignments?
The filing of bankruptcy stops the collection of mines through wage garnishments or wage assignments. In fact, if you have given a voluntary wage assignment, you can revoke the wage assignment without filing a bankruptcy.
Can Bankruptcy stop a court proceeding?
When you file bankruptcy, the court issues an automatic stay order. This stays or halts all pending court activities that involve collection or suits for money damages. It does not stop criminal cases, divorces or other cases that do not involve money or collections.
Can you take Bankruptcy against a court judgement?
Yes, Bankruptcy can discharge or eliminate most court judgements for money damages, attorney fees, collections, punitive damages or any other money or debt related judgment.
Can Bankruptcy stop the I.R.S. or the Illinois Department of Revenue from collecting?
Yes, Bankruptcy stops all collection activity, including collections by the Internal Revenue Service and Illinois Department of Revenue. In fact, under certain circumstances, interest and penalties may be waived and old tax debt may be discharged or eliminated in Bankruptcy.
I used a pay day loan service and gave them a wage assignment. Can I take bankruptcy against them and not pay them or stop payment on the check I gave them?
Yes to both questions. A voluntary wage assignment can be revoked and this will stop the lender any wage garnishment. You can also issue a stop pay order to your bank on the post dated check.