News & Analysis as of

Wage Garnishment Automatic Stay

Ward and Smith, P.A.

Can a Creditor Violate the Automatic Stay in Bankruptcy by Doing Nothing?

Ward and Smith, P.A. on

Filing a bankruptcy petition automatically halts efforts to collect pre-petition debts from the debtor outside of bankruptcy. If a creditor wants to continue a lawsuit against a debtor outside of bankruptcy, repossess...more

Seyfarth Shaw LLP

“U Can’t Touch This”: When A Garnished Employee Goes Bankrupt

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers increasingly find themselves in the difficult position of deciding whether to continue garnishing an employee’s wages pursuant to a garnishment order when the employee files for bankruptcy....more

Robins Kaplan LLP

Seeking Punitive Damages Can Expand Scope of Discovery

Robins Kaplan LLP on

As litigators are well aware, a lawsuit frequently begins and ends with discovery. Complaints must be carefully worded and allegations carefully chosen in order to maximize success in developing a record and in exploring...more

Spilman Thomas & Battle, PLLC

When in Doubt, File a Motion: Trends Concerning Automatic Stay Violations

Bankruptcy filings in Virginia, and nationwide, declined significantly in 2012, and it appears the decline is continuing in 2013. However, thousands of cases continue to be filed, and it is important for practitioners to...more

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