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What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
Employers are not permitted to take adverse action against their employees who file for bankruptcy. Debtors are protected by 11 U.S.C. sec. 525(b). Section A applies to governmental units and Section B applies to private employers. In all my years of practice, I have never had to bring an action or even threaten to bring an action under Section 525. Most employers understand the stress their employees are under and are not insensitive to their plight. More people have filed for bankruptcy than you think...
A common question is whether or not a debtor can keep a credit card after filing for bankruptcy protection and do I have to list the cards I want to keep. If you owe a balance at the time the bankruptcy petition is filed, you must list the debt. This applies regardless of the amount of the debt. If you are worried that you cannot live without a credit card there are a few options. A credit card with a zero balance does not need to be listed and can be used after you file the bankruptcy petition. If you have a card with a low balance, you should pay it off before filing for bankruptcy.
The Federal Trade Commission has created guidance for consumers on whether debt relief or bankruptcy may be right for them.
As a general rule, you cannot discharge back taxes in bankruptcy. Certain income taxes, however, can be discharged under limited circumstances...
Be careful if you settle any credit card debts before filing bankruptcy because you may convert a debt that is dischargeable in bankruptcy into a non-dischargeable debt...
This pamphlet is for you if you:
Reside in a home built before 1978.
Own or Operate a child care facility, including preschools and kindergarten classrooms, built before 1978, or
Have a child under six years of age who attends a child care facility built before 1978.
You will learn:
In Idaho, investor-owned utilities providing basic services such as electricity, gas, water and telecommunications services must follow rules that protect consumers. The rules are established and enforced by the Idaho Public Utilities Commission (IPUC). The IPUC is a state agency charged with regulating investor-owned utilities. (City-owned or cooperative utilities are not regulated by the IPUC). The rules say when a utility can and cannot disconnect service to a customer.
The attached guide details the process of determining interests in real property (real estate and land) between an unmarried couple, where each person's name is on the deed, and the couple is now separating or separated.
The National Consumer Law Center, Inc. has created a free chapter on Homeowner Rights During the Covid-19 Pandemic. This Chapter covers issues such as Fannie Mae, Freddie Mac, Federal Housing Agency (FHA), VA, and USDA mortgage loans, state-based pandemic-related relief, portfolio and private label securities, and foreclosures.
This Chapter is accessible for free here: https://library.nclc.org/free-access-new-chapter-homeowner-rights-during-covid-pandemic.
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