garnishment reimbursed?

[blum1176]

Through my studies I have read that if my wifes checks have been garnished more than 600 dollars within the last 90 days that we will get that money back after filling for chapter 7 is this true, and if so, how soon after could we expect to see the funds.

would it be possible to file the petition and then use the funds to obtain an attorney to finish our case?

[keepinitreal]

The trustee may get the excess money from whoever garnisheed the wages by claiming "preferential payments", but that money will then be shared by the trustee and all of your creditors. I don't believe you or your wife will receive any of the money.

[justbroke]

Correct. The Trustee could "avoid" the garnishment as a preference and recover the money from the creditor. The Trustee would then divide it amongst all the unsecured creditors filing allowed claims after taking his/her commission.

would it be possible to file the petition and then use the funds to obtain an attorney to finish our case?

No. Because you need to payt he attorney in full, up front, before they file.