Attorneys Edward Hizer and Brian Hizer

Bankruptcy and Wage Garnishments

Experienced Toledo Bankruptcy Lawyer providing Personal and Business Bankruptcy Attorney legal needs in Toledo, Northwood, Oregon, Sylvania, Lucas County, Wood County, and the surrounding Northwest Ohio communities.

Call Lawyer, Edward Schimmel at 419.693.0911

Call Lawyer, Brian Hizer at 419.841.3600

There are different issues relating to wage garnishments and bankruptcy depending on the specific circumstances involving the wage garnishment.

Wage Garnishments that were obtained as an agreement directly with you as a result of the threat of civil litigation:

Sometimes creditors, debt collection agencies or even a law firm are so convincing while making threats of litigation and wage garnishments, the debt holder is compelled to agree to a form of wage garnishment rather than be sued. First of all, if you agreed to a wage garnishment plan, or what these companies may call a repayment plan, this agreement may not be legal or stand up in court. Especially if the agreement to wage garnishment or repayment plan was the result of threats by the creditor, debt collection agency, or law firm. Even though you are "paying off the debt", if you choose to file for bankruptcy, this wage garnishment will be stopped if the remaining debt is allowed by the court to be covered in a bankruptcy case.

Credit and debt collectors threatening wage garnishments without filing civil litigation against you:

If a creditor has obtained a successful lawsuit against you that resulted in court ordered wage garnishments to collect the judgment, this debt is discharged in a bankruptcy. The judgment lien may have other issues which will be discussed with you when you meet with your attorney. You should be sure to have all information relating to lawsuits and garnishments with you when you meet with the attorney.

When you file bankruptcy:

An automatic stay goes into effect that prohibits and stops most collection activities by creditors. This means that wage garnishments are also stopped as long as the bankruptcy stay is in effect. If a creditor wants to resume collection efforts, it must ask the court for permission to do so. The court will lift the stay only if the creditor has a valid reason for doing so. An unsecured creditor such as a credit card company simply wishing to resume a wage garnishment is not a valid reason for the court to lift the stay.

Debts which cannot be included for consideration to be discharged or sought to stop wage garnishments in a bankruptcy include:

  • Alimony spousal support;
  • Child support;
  • Fraudulently created debts;
  • Certain taxes;
  • Student loans.

We are extremely detailed in our preparation regarding your bankruptcy, provide a comprehensive approach in seeking a successful bankruptcy, and guide you through this difficult process with the dignity and respect you deserve.

Brian Hizer and Edward Schimmel have the experience and resources to effectively guide you through the bankruptcy legal process. We always strive to provide the highest standard of legal representation to aggressively pursue your bankruptcy legal goals.

If you require experienced legal advice and representation from a qualified Bankruptcy Law attorney (lawyer), please call our offices to schedule a confidential legal consultation.

Call Lawyer, Edward Schimmel at 419.693.0911

Call Lawyer, Brian Hizer at 419.841.3600


CALL US TODAY AT    419.693.0911 in the Toledo / Northwood Area or 419.841.3600 in the West Toledo / Sylvania Ohio Area

Toledo Ohio and Northwest Ohio Attorneys Attorney, Edward Schimmel & Brian Hizer | Hizer & Schimmel | 419.693.0911 or 419.841.3600

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