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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.
If you need help with an SSI or SSDI overpayment issue, you can complete a form asking Social Security to waive repayment or lower the rate of repayment of the overpayment. For more information and a self-guided tool, please visit the Suffolk Lit Lab's website here:
https://apps.suffolklitlab.org/run/ssioverpayment/#/1
The Suffolk Lit Lab has developed a form to help people on SSI or SSDI create a letter to report changes to Social Security that might affect their benefits and to avoid any possible overpayments. For more information, visit their website here: https://apps.suffolklitlab.org/run/ssareportchangesletter/#/1
Persons who want to apply for Supplemental Security Income (SSI) can use an online tool that was just released by the Social Security Administration. Applicants and individuals assisting applicants can use this tool to request an appointment to apply for SSI benefits. The request establishes a protective filing date that will be used as the application date, so long as the individual submits an SSI application within 60 days.
Please view our Understanding Bankruptcy Videos in Spanish (Espanol) below.
https://www.youtube.com/watch?v=iW98zHdtYEQ
Please view our Understanding Bankruptcy Video in English below.
https://www.youtube.com/watch?v=fJqjqNfpVQo
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