garished in chapter 13

[mia111]

my husband had a cut in hours which caused us to get behind in rent, he is the only one working and we have been in Chapter 3 for three years and being garnished each week for our plan. After trying to work things out witht the Landlord she decided to evict us becasue she wants to sell her house. My question is if she wins a judgement against us can she garnish my husbands wages while we are in Chapter 13, thanks in advance we are in OHIO

[justbroke]

Well, jumping to garnishment so quickly is a big leap. First have you contacted your attorney to let them know that you're unable to make basic rent payments? You could have had a few plan payments suspended and re-worked into your plan to catch up. Whenever you have expense issues due to loss of work, underemployment, loss of benefits, or whatever the case may be, you need to immediately contact your attorney.

Since this now has gone too far, and you're being sued for eviction, there may be no way to get you back on track. Since this eviction and rent is "post-petition" the landlord has every right to seek a judgment against you.

Since your Chapter 13 is being withdrawn as a wage deduction order, it supersedes all other garnishments by court order... unless the garnishment does not take any property of the Bankruptcy Estate. That deserves more explanation. If you're in a 100% plan, then a garnishment probably wouldn't be taking money that is necessary to fund your plan. If you're in a less than 100% payment plan, it is likely that a garnishment of your wages would take money that is part of the Bankruptcy Estate... money necessary to fund your plan. In the latter case, this would not be allowed.

[mia111]

hi, thank you so much justbroke
we didn't tell our attorney about the cut in hours becasue his employer told him it would only be temporary for a few weeks, but it turned into much longer.Also I only know that we pay 100% secured and 35% unsecured
thanks again

[mia111]

so what would this mean

[justbroke]

hi, thank you so much justbroke
we didn't tell our attorney about the cut in hours becasue his employer told him it would only be temporary for a few weeks, but it turned into much longer.Also I only know that we pay 100% secured and 35% unsecured
thanks again

It means that they can't garnish you. If they did, you'd have to file a Motion to end the garnishment since it would be taking money from the unsecured creditors in the Bankruptcy case.

[mia111]

Thanks so much again justbroke,,,HAPPY THANKSGIVING