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Forgotten about crediot Threatening Wage Garnishments! HELP!

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    #1

    Forgotten about crediot Threatening Wage Garnishments! HELP!

    ok here is my question. I filled Bankruptcy Chapter 7 with no assets on October 15th, (yes before the new law took place) Well my 341 Meeting with the creditors is December 19th. I got a letter from a attorney in Akron Ohio. A place I lived 2 years ago, and they said They are going to Garnish my wages if I dont pay $1,800 for a repair that I had done on my car 2 years ago. I forgot about this debt, and have been hiding from it. They received a judgement against me 2 years ago, but I forgot about it. I forgot about it so bad that I didn't even list it in my Bankruptcy. My question is. Can I ammend my Bankruptcy even though it is so close to the Meeting of Creditors? and If I ammend my bankruptcy will that prevent them from Garinshing my wages??? Please Please any help or advice would be greatly appreciated.

    Thanks a bunch.
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    #2
    Originally posted by thelitman
    ok here is my question. I filled Bankruptcy Chapter 7 with no assets on October 15th, (yes before the new law took place) Well my 341 Meeting with the creditors is December 19th. I got a letter from a attorney in Akron Ohio. A place I lived 2 years ago, and they said They are going to Garnish my wages if I dont pay $1,800 for a repair that I had done on my car 2 years ago. I forgot about this debt, and have been hiding from it. They received a judgement against me 2 years ago, but I forgot about it. I forgot about it so bad that I didn't even list it in my Bankruptcy. My question is. Can I ammend my Bankruptcy even though it is so close to the Meeting of Creditors? and If I ammend my bankruptcy will that prevent them from Garinshing my wages??? Please Please any help or advice would be greatly appreciated.

    Thanks a bunch.
    I believe you can ammend this and any garnishment, but like everythin else it will cost!

    See an attorney ASAP!
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      #3
      Originally posted by thelitman
      ok here is my question. I filled Bankruptcy Chapter 7 with no assets on October 15th, (yes before the new law took place) Well my 341 Meeting with the creditors is December 19th. I got a letter from a attorney in Akron Ohio. A place I lived 2 years ago, and they said They are going to Garnish my wages if I dont pay $1,800 for a repair that I had done on my car 2 years ago. I forgot about this debt, and have been hiding from it. They received a judgement against me 2 years ago, but I forgot about it. I forgot about it so bad that I didn't even list it in my Bankruptcy. My question is. Can I ammend my Bankruptcy even though it is so close to the Meeting of Creditors? and If I ammend my bankruptcy will that prevent them from Garinshing my wages??? Please Please any help or advice would be greatly appreciated.

      Thanks a bunch.

      Previous post said this would cost. I think it is like $29 to ammend, they also said ask an attorney ASAP. I filled alone, and don't have an attorney. I can't afford one. Please anyone else that could give me there opinion please do so. I would like as many opinions as possible, to see what can be done if anything. I can't have my wages garnished I cant afford it.

      Comment

        #4
        Your better off just riding it out, the cost to ammend iwth my lawyer was $150 an hour.

        Comment

          #5
          Originally posted by MosaicNate
          Your better off just riding it out, the cost to ammend iwth my lawyer was $150 an hour.

          Better to list and pay $150 then $1800...IMNSHO

          Comment

            #6
            Originally posted by MosaicNate
            Your better off just riding it out, the cost to ammend iwth my lawyer was $150 an hour.

            I dont think you understand, I filled by myself. I can amend it at the ccourt for $29. My only question is, can I ammend it since my meeting of the creditors is less then 2 weeks ago. and If I ammend it will that stop them from being able to garnish my wages. Please I want peoples advice, I dont have the money for an attorney so I can't discuss with them. It will not cost me $150 cause I not filling with an attorney, but now that the person above mentions it, what would happen if I did just ride it out? please anyone heelp

            Comment

              #7
              i believe you can ammend any time prior to discharge. call your clerk of courts office where you filed and they should be able to tell you.

              Comment

                #8
                it is my understanding that they cant do anything to you wages while you are in BK stay protection.

                first, tell them that you filed a bk.
                then go add them to the document and send the notices to them also.
                record all conversations you have with them so that they can be sued if they keep harsassing you.

                dont worry, adding people doesnt make it a big deal. its a not asset case so there is nothing for them to get anyway. add them and be done with it.
                Im not an attorney or a trustee. You cant trust me either though!

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                Comment

                  #9
                  They can't garnish without a court order, I believe, and you are protected by the stay. I amended my petition to add a creditor 12 days before my 241 meeting, so it can be done, easily, and without an attorney. I paid my $26, and that was that.
                  Filed CH7 - 10/13/05;
                  341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
                  Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
                  DISCHARGED: 2/15/08

                  Comment

                    #10
                    In Ca, you can amend your creditors list at any time before discharge by resubmitting the entire Creditor Matrix as the amendment. Call your local court for the specific rules.

                    Comment

                      #11
                      Amend to add the creditor, probably just need to submit a new matrix (with that creditor only) and a new schedule of creditors (again, listing that one only). Mark as 'amended'. Call to ask the clerk if anything else is required.

                      Notify the attorney that you've filed BK. Perhaps send a fax, something you can printout a confirmation for proof they've been notified.
                      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                      Comment

                        #12
                        Go ahead & file amendments. BK clerk can probably 'splain what you need to submit - if not, check PACER for some examples. Make sure to include the original creditor and the law office involved in getting the judgment against you. Although not absolutely necessary, I'd list the docket number involving the judgment on the amended schedules, too.

                        Personally, I'd probably go ahead & send the atty in Ohio a certified letter (CMRRR), keeping a copy for myself, informing them of your BK w/ case number, date filed, etc. FAX w/ confirmation is okay,too - I just like having paper w/ their sig. in my hand -

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