Expert: Mark J. Markus- California Bankruptcy Attorney - 6/25/2007

Question
I am going to fill bankrupt to force a payment plan of back child support arrears.  I talked to an attorney.  He told me that I give him a deposit, he fill an application for the bankcrupt and I pay some other +- $300 fee.  Then automatically that stops the lien.  Do that mean that while the bankcrupt is processed the child support agency could not confiscate my check for arrears?  How long after that should the bankcrupt process should take?   What happend if I get the money before the process is completed and I decide to pay in full?  I have to take a consumer credit counseling class before he told me.  Where on the internet I can take that class cheap?

Thank you

Answer
It depends on what chapter you're filing under.  In a CHapter 7, it likely would not stop the garnishment at all, in a Chapter 13 it would stop it for as long as your case is open and you're making the required payments under your proposed plan (and assuming it is approved by the court).