Kentucky Bankruptcy Law

Counsel with Care

Making bankruptcy more affordable part 2

I gave one suggestion a couple of days ago about how to make Chapter 7 bankruptcy more affordable by paying court filing fees post-petition. The dilemma still remains that attorney fees in the typical Chapter 7 must be paid in advance. For folks whose wages are being garnished this creates a real conundrum. You are bringing home less money because a huge chunk of your pay is being seized, but you cannot stop the garnishment without filing the bankruptcy. 

One option to explore arises if you are garnished more than $600.00 by any one creditor in the 90 days prior to filing. This creates a preference. If your attorney properly exempts those funds, then you can pursue recovering the money. If the expected return is sufficient, you might be able to assign the right to recover those garnished funds to someone else who, in exchange, covers your attorney fees. Your attorney may even be willing to do this, though not likely for the entire fee because there is some risk that the funds will not be readily surrendered.

September 13, 2013 Posted by | attorney fees, Bankruptcy, Chapter 7, Exemptions, Planning, Pre-filing planning | , , , , , , , , , , , | Leave a comment