Yes. The filing of either a Chapter 13 or a Chapter 7 ordinarily stops a garnishment. Typically, as soon as you file your case, your attorney provides the case filing information to the appropriate parties, and the garnishment is immediately terminated.

Yes, a Chapter 13 bankruptcy typically allows the return of a repossessed vehicle, whether it was repossessed by the lender or by the sheriff or city marshal under a lawsuit filed by the vehicle lender. However, the Chapter 13 case must be filed before the vehicle is sold, and, in a few cases, the vehicle lender, the Trustee, and/or the Court may require something additional before the vehicle can be turned back over to you.

Yes. The filing of either a Chapter 7 or Chapter 7 will generally stop the sale; however, the case must be filed before the house is sold by the sheriff. If you wish to retain your home, you will likely need to file a Chapter 13 case to do so if you home is in foreclosure, as a Chapter 7 will typically only temporarily delay the sale.

Yes. No one can be forced to file a bankruptcy case just because their spouse chooses to file. In many cases, both spouses will file together, whether the case is a Chapter 7 or a Chapter 13 case. However, in some cases, one spouse does not want to file or perhaps should not or even cannot file, for one or more reasons. In these cases, it is important for the attorney to be fully apprised of all the relevant facts about the overall situation, as there can be complications that need to be addressed.

Generally, no. In the Monroe Division, at this time, if you are current on your home payment, you are permitted to continue to make these payments directly to your home lender.

Probably so. When a Chapter 13 case is dismissed, the Court will typically dismiss the case either with or without what is known as a “109(g) finding”. If your case was dismissed with a 109(g) finding, you will prohibited from filing another case for 180 days (roughly 6 months) but if the dismissal is without such a finding, you can ordinarily re-file another Chapter 13 case right away. However, if you file a Chapter 13 case within one (1) year of your prior case being dismissed, you will have to file a special motion with the Court, explaining the circumstances of your prior case’s dismissal (and why this case will likely succeed), in order for the Court to allow the bankruptcy protections in the new case to continue. If your prior Chapter 13 case was dismissed more than one (1) year ago, you typically do not have to file this special motion. Many people encounter circumstances during their Chapter 13 case, such as job loss or divorce, which leads to a dismissal of their Chapter 13 case, either voluntarily or by order the Trustee or Court. If this has happened to you, and you feel you now are in a position to successfully be in a new Chapter 13 case (or a Chapter 7 case), you should consult an attorney regarding your rights and obligations under bankruptcy law.

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