Expert: Terry Leeders - 1/10/2009

Question
i've recently received a chapter 7 discharge and was wondering how much of my garnished wages (90 days prior to filing) should be retuned to me. also what rule covers this?

Answer
You would have to bring a turnover motion in the court. Technically, the money would belong to your bankruptcy estate if it was more than $600 in the 90 days preceding filing.  The trustee would then distribute the money to the creditors that filed claims once the trustee becomes aware of the asset.  You could petition the court to get the funds if your state has an exemption to use to exempt those funds. Otherwise, the creditor is allowed to keep funds up until the case is filed.  Talk to your lawyer about these options you may have.
Thanks