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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...
Americans lose an estimated $40 billion each year due to the fraudulent sales of goods and services over the telephone. The elderly are frequently targeted. Studies have shown that fraudulent telemarketers direct anywhere from 56% to nearly 80% of their calls at older consumers. It is often difficult to recover money lost to a telemarketing scam. Even so, there are several practical actions that you can take to minimize losses and avoid future scams...
Scammers, hackers, and identity thieves are looking to steal your personal information – and your money. But there are steps you can take to protect yourself, like keeping your computer software up-to-date and giving out your personal information only when you have a good reason...
Email provides us a convenient and powerful communications tool. Unfortunately, it also provides scammers and other malicious individuals an easy means for luring potential victims. The scams they attempt run from old-fashioned bait-and-switch operations to phishing schemes using a combination of email and bogus web sites to trick victims into divulging sensitive information. To protect yourself from these scams, you should understand what they are, what they look like, how they work, and what you can do to avoid them.
Phishing is a scam where internet fraudsters send spam or pop-up messages to lure personal and financial information from unsuspecting victims. To avoid getting hooked, visit the link below and view the attached guide.
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