Can a credit company take assets if I have retained an Attorney for bankruptcy?

If I have retained an attorney and am in the process of filing bankruptcy, can a company still take your assets if they have recieved a judgement prior to your file date?

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Posted September 6th, 2010 in Bankruptcy Q and A. Tagged: , , , .

3 comments:

  1. CatDad:

    If they have a judgment, then they can garnish wages if you state allows it.
    They can also freeze your checking accounts. If they have recently won a judgment and they have not yet frozen your bank account, then this would be a good time to pull out any money your have in the bank and put the cash in a safe or safe deposit box.
    Creditors can never have a 3rd party come into your residence and start confiscating your personal items like your clothes or TV set.

  2. Common Sense:

    Yes. Anything prior to the filing date is perfectly fine.

  3. InspectorBudget:

    Unfortunately, if your bankruptcy paperwork has not yet been filed, you cannot use that as your "protection" from a creditor attempting to repossess assets or garnish wages.

    From your question, it seems the creditor has already been awarded the judgment, and at the time of award you were not a bankrupt, so you really do not have much of a recourse.

    Talk with your attorney and see if he/she has any suggestions.

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