A creditor just garnished/levied our Christmas money from our bank account. If we file bankruptcy can we get it back?


First, as to bankruptcy, once you file it, it stops collections from your creditors AFTER you file bankruptcy.  So, if you file bankruptcy today and get garnished tomorrow, your attorney should be able to get the money back.  However, if you get garnished today and go bankrupt tomorrow, the creditor gets to keep the money.  genie

Second, your bank is going to put those frozen funds on hold for 20 days, but they’re really gone.  The bank will freeze the funds to see if you file an objection to the bank levy with the Utah State Courts.  You can object to a levy for any number of reasons, but it generally comes down to two categories:

1.  exempt funds (the garnished funds were social security, disability, or child support).  You can object to the levy and get the money back, or

2.  it wasn’t your money (the garnished funds were funds held for your parents, or your spouse who was not subject to the levy, or something along these lines).  In this case you might be able to get the money back as well.

But as for bankruptcy, it will not help you get the money back.  Once that genie of levied cash is out of the bottle, there’s no getting it back in through bankruptcy.