National Association of Consumer Bankruptcy Attorneys
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Filing Bankruptcy to Prevent Against Wage Garnishment in Colorado

My chapter 7 and chapter 13 bankruptcy clients in Denver and other areas of Colorado often face a wage garnishment which can unexpectedly take a portion of a bankruptcy debtor’s wages. A personal bankruptcy can either prevent against an impending wage garnishment or halt an already ongoing wage garnishment. Federal law allows for creditors to otherwise garnish 25% of a debtor’s net (e.g. take home) wages.

However, the automatic stay provisions of the Bankruptcy Code immediately goes into effect the minute a bankruptcy petition is filed in Colorado. The automatic stay provisions require a creditor to cease any and all attempts to collect a debt, including wage garnishments. A creditor can even be found in contempt of court for knowing violations of the automatic stay provisions. I’ve even had a few cases where I’ve requested that the bankruptcy court compel a creditor to turn back over wages garnished after the filing.

A notable exception to the enforceability of the automatic stay provisions is a debt for child support, which can almost always be garnished and which cannot be discharged.

Client Reviews
★★★★★
David Serafin is a talented and respectful attorney that works hard to get the best results for his clients. He's thorough at reviewing client cases and patient at explaining all the available options. I would certainly recommend him to anyone searching for help with a bankruptcy, a tax situation or estate planning. A. K.
★★★★★
Mr. Serafin is a consummate professional and his hard work and legal advice are second to none. He will give you outstanding personalized legal service, and you will be glad you chose him as your attorney. While some lawyers have a bad reputation for lacking ethics, Mr. Serafin holds himself to the highest of ethical standards and is in good standing with the Colorado bar. Pick Mr. Serafin for your tax and other legal needs - you will be glad you did. R.S.
★★★★★
If you are in need of a excellent attorney who will provide you support, guidance, professionalism, and most importantly, INTEGRITY. David does it all! I would not pass up his due diligence! R. T.