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Can Chapter 7 Bankruptcy Halt Wage Garnishment in Maryland?
In Maryland, wages can be garnished due to unpaid child support, past-due taxes, or defaulted student loans. While your wages could also be garnished for credit card debt, medical debt, or personal loans, the creditor must first obtain a court-ordered judgment, so this is not as common.
The state of Maryland limits the amount that can be garnished to the lesser of 25 percent of your disposable wages or the amount exceeding 30 times the federal minimum wage. While that may not sound like much, in today’s economy, any amount taken from your check can make your financial situation even more precarious.
If you are thinking about filing for Chapter 7 bankruptcy, you may wonder whether wage garnishment will continue. Whatever your situation, filing for bankruptcy halts most wage garnishments through the automatic stay, allowing you to receive at least temporary relief.
Although the automatic stay legally requires creditors to cease most collection activities – including wage garnishment – you may still need to notify your employer’s payroll department. An experienced Prince George’s County, MD Chapter 7 bankruptcy attorney can help you determine whether your wage garnishment will halt when you file for bankruptcy.
Can Bankruptcy Clear Parking Tickets, Tolls, and Traffic Fines?
For drivers in Maryland and D.C., unpaid parking tickets, traffic fines, and toll violations may accumulate faster than they can be paid. Beyond the frustration of these costs, debts like this can lead to wage garnishments, vehicle towing, and even driver’s license suspensions. An individual who is considering filing for bankruptcy to achieve a fresh financial start may wonder whether these debts can be discharged through bankruptcy.
The answer to that question is more complex than it seems and depends on the type of violation, the chapter of bankruptcy filed, and how the courts treat government-related debts. Speaking to a knowledgeable Charles County, MD consumer bankruptcy attorney can help you decide whether bankruptcy is right for you, and, if so, which type of bankruptcy you should file.
How the Federal Bankruptcy Rule Affects Government Fines
Under 11.U.S.C.Section 523(a)(7), government fines and penalties are generally nondischargeable under Chapter 7. This includes parking tickets, moving-violation fines, and the penalty portion of toll violations. Chapter 13 bankruptcy is different: once you have completed your repayment plan, Chapter 13 discharge does not exclude these debts, meaning fines and penalties can be wiped out.
"Parking" Federal and State Refunds to Avoid Bankruptcy Loss
If you are considering bankruptcy and expecting a sizeable tax refund, you may wonder how you can protect that money. In some cases, parking the money can be a strategy to help you keep your refunds. Parking means using timing and exemptions to keep as much of your refund as the law allows, while avoiding fraud or hiding assets.
Under Maryland bankruptcy laws, state or federal tax refunds tied to income earned before you file are usually considered part of the bankruptcy estate. This makes them vulnerable unless they are spent on necessities before filing or protected by exemptions.
Both federal and state governments can also sometimes set off tax refunds against older tax debts, so this must also be planned for. Since bankruptcy laws can be complex, it is important to consult with an experienced Charles County, MD bankruptcy attorney.
When is Your Tax Refund at Risk?
Whether your state or federal tax refund is at risk during bankruptcy will depend on several factors, including whether you are filing for Chapter 7 or Chapter 13, and the timing of your filing relative to when you receive or expect your refund. In Chapter 7 bankruptcy, any income earned before filing (including a tax refund) is considered an asset of the bankruptcy estate, thus available to creditors unless specifically exempted.
Zombie Debt and Bankruptcy in Maryland
Perhaps you thought your debt was long gone because it has been years since you heard from the original creditor. Then a debt collector comes knocking to collect on what is known as "zombie debt." In Maryland, the term "zombie debt" refers to old, sometimes expired, even time-barred debt that a debt buyer attempts to revive. These debts are often for credit cards, personal loans, or medical bills that suddenly come to life after years of silence.
Even if the debt is no longer legally enforceable, you may still be under pressure from a debt collector to pay and possibly even threatened with a lawsuit. Depending on the amount of the zombie debt, as well as whether you are having trouble paying other current debts, filing for bankruptcy may offer some relief. A Charles County, MD bankruptcy lawyer can help you determine whether filing for bankruptcy is right for you.
How Do Debt Buyers Use Zombie Debt?
Zombie debt may originate from previously settled or discharged debt or debt buyers purchasing old debts. However, it can also occasionally result from fraud or identity theft. Debts are often sold to third-party debt collectors for mere pennies on the dollar.
What is a Maryland Suggestion Of Bankruptcy?
If you are involved in a legal dispute in the state of Maryland and one party files for bankruptcy, you may hear the term "Suggestion of Bankruptcy." It is important to know what it means and what it actually does. A suggestion of bankruptcy is a formal notice filed in court that lets all parties know that someone in the case has filed for bankruptcy protection.
It is not an argument or a motion; rather, it is a "flag" of sorts that can change everything, including pausing an ongoing lawsuit and triggering the automatic stay that is typically associated with a bankruptcy filing. An experienced Charles County, MD bankruptcy attorney can help you determine whether a suggestion of bankruptcy is right for you, or, if you are on the receiving end, how to proceed.
Who Files a Suggestion of Bankruptcy?
A suggestion of bankruptcy is usually filed by the debtor or the debtor’s attorney, notifying state or federal courts that a party has filed for bankruptcy. The suggestion of bankruptcy includes basic information like the bankruptcy case number, court, and type of bankruptcy. The suggestion of bankruptcy is filed in a Maryland court case to trigger the automatic stay, putting the judge, opposing counsel, and clerk on notice that proceedings may be halted. The suggestion of bankruptcy helps avoid sanctions for continuing legal action after bankruptcy is filed.
Unemployed and in Debt? Your Bankruptcy Options in Maryland
As if losing your job is not stressful enough, watching your bills pile up with no income to cover them can make the pressure feel overwhelming. Maryland residents facing unemployment and mounting debt may find that bankruptcy offers a much-needed lifeline. Whether you are dealing with credit card debt, medical bills, or a potential foreclosure or repossession, understanding your legal options is crucial.
Fortunately, being unemployed is not an automatic disqualification from filing for bankruptcy. In fact, Chapter 7 bankruptcy may be even more accessible because of your financial situation. It is important to speak to a knowledgeable Montgomery County, MD bankruptcy attorney if you are considering filing for bankruptcy while unemployed.
Bankruptcy Eligibility in Maryland
Chapters 7 and 13 are the two most common types of consumer bankruptcy. Chapter 7 bankruptcy is typically for individuals with lower income and assets, while Chapter 13 is designed for those who have a regular income and can repay debts over a period of three to five years.
Should I File for Chapter 7 or Chapter 13 in Maryland?
The first step towards bankruptcy is making the decision that it is time to explore your options. Choosing the right chapter is the next step. In Maryland, most people file under either Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code. Each option serves a different purpose and comes with its own set of rules. The right choice depends on your income, assets, and long-term goals.
An approachable, community-based Prince George’s County, MD bankruptcy lawyer can help you understand your options and guide you toward financial relief with compassion and clarity.
What Is the Difference Between Chapter 7 and Chapter 13 Bankruptcy?
Chapter 7 is often called "liquidation" bankruptcy. It allows you to wipe out many types of unsecured debt, such as credit cards, personal loans, and medical bills, without a repayment plan. However, you must pass a means test to qualify, and some of your property could be sold to repay creditors.
How Do I Know It’s Time to File for Bankruptcy?
If you are drowning in debt, it can be very hard to know what to do next. You might be behind on bills, dodging calls from creditors, or worrying about losing your car or your home. Whatever the situation may be, take heart. For many people in Maryland, bankruptcy can offer a legal path toward relief, stability, and a second chance.
At Bloc One Services, LLC, our Bowie, MD consumer bankruptcy lawyer works with everyday people who are trying to get back on track. We are proud to serve the local community by offering clear, honest legal help at a fair price. Our goal is simple: To help you rebuild your future with hope.
Signs It Might Be Time to File for Bankruptcy
There is no perfect moment to file for bankruptcy, but there are warning signs that mean you should probably talk to a lawyer. You do not have to wait until things are completely out of control. If you are dealing with any of the following, it may be time to take a serious look at your options:
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