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Author:   Lorraine P
Date:   June 2, 1999
Question:  

My husband's and my wages are being garnished (Credit Union dissolved because of government cutbacks - needed their loan repaid and I couldn't do it).

I have a second judgement against me for repairs on a van which I had an accident with last fall and could not afford to pay it as well as payment on this other car.

I have creditors that call me at work and at home. We have both been bankrupt twice before.

I had made up my mind that all would be paid but it would have to be through garnishees because we cannot afford anything more.

GM Visa is pushing for me to borrow money from family members and pay them back. But what is the difference? We still cannot afford our wages being garnisheed as well as pay back family members.

What are my legal options? Is it illegal to go bankrupt a third time? Do they continue to garnishee my wages?

I have a pension plan from when I worked with the government . . . would I lose that in a bankrupt case?

Any help would be appreciated.

 


From:
 

Shane Brenneis, Collins Barrow Limited
Date:   June 7, 1999
Answer:  

No, it is not illegal to file bankruptcy a third time, but you may find it difficult to obtain a discharge. If you do file, the creditors cannot continue to garnishee. The idea behind borrowing from family is that they may allow you a longer repayment schedule than the creditors.

With respect to your pension, it is probably protected under pension plan legislation, but you will need to check that out.

You should contact a Trustee in your area to attend a free assessment of your financial situation.

If you have any further questions or want to come in for a free assessment, please call or email me using the information below.

Shane Brenneis

(403) 298-1575
sbrenneis@collinsbarrow.com




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