Can I get my garnished wages back after filing CHAP 7 bankruptcy?

[abourakaba]

I was told i could possibly get my garnished wages back. basically if the creditor has taken over $600 from your paycheck or your bank account within the 90 days before you file bankruptcy, this is known as a “preferential transfer” and the garnished funds can be recovered from the creditor. Does anyone know how to go about getting the money back?
im filing chapter 7 -pro se

[irishonyx33]

I'm certain one of the resident experts will be along shortly but I believe even if that were the case the funds would go to the trustee.

[debee]

I'm with irish. If the trustee recovers the money it's only to distribute it more fairly between all your creditors and to make sure that one does not get "preferential" treatment.

[DesdemonaB]

I was told i could possibly get my garnished wages back. basically if the creditor has taken over $600 from your paycheck or your bank account within the 90 days before you file bankruptcy, this is known as a “preferential transfer” and the garnished funds can be recovered from the creditor. Does anyone know how to go about getting the money back?
im filing chapter 7 -pro se

I filed pro-se in MI - I had a garnishment against me at the time of filing. Once the attorney who filed the Writ of Garnishment receives the BK petition they must then file a Garnishment Release with the court that issued the WofG. There is a statement on there that states any money garnished after your file date shall be returned to you.

In my case employer must hold all funds for 21 days before sending to the attorney/OC so my garnishments were returned directly back into my paycheck. I had a total of three garnishments 1 prior to filing and 2 that while the Garnishment Release as submit and mailed it came between pay periods and the payroll department could not stop it. It also 1 ½ months before I got both garnishments returned.

At my 341 in December (I had 2 continuations) my Trustee inquired on my garnishments and asked if how much has be garnishment to date and wanted my garnishment release forms and paystubs showing the total amount garnished and what amounts have been returned.

I gather all my paperwork and had it already at my last (final) 341 and she didn’t even mention it – it total about 730.00 and on her interim report all she wanted was my 2010 tax return. So I guess it’s the luck of draw on your UST, I am surprised she didn’t want them she was such a (fill in the blank) to during my filing. I of course took the “wasn’t asked – didn’t tell” approach I just wanted to get away from her as fast as possible.

So you will get any funds garnished after your filing date returned to you – but be prepared to forfeit them to the UST – so don’t spend them till the UST releases them.