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Old 09-22-2014, 07:11 PM   #1 (permalink)
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Join Date: Sep 2014
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Angry Wage Garnishment after Bankrupcy

Here's my situation...My late wife and I had a business that failed in 2005. The business was incorporated in SC in 2003. When things fell apart, we filed personal bankruptcy. The business owed money to the IRS, SC Department of Revenue, bank, landlord...everyone. When we filed, we stated that we owed the IRS $9K and SCDOR $44K (All withholdings for our employees). The court sold our home for $455...the mortgage was for $212K...so there was over $240K available to pay my debtors. The IRS was paid, the bank...even my mother-in-law. The SCDOR got $4400. In 2008, the SCDOR slapped a 25% garnishment on my wages...saying that my late wife owed them $42K...with interest and penalties, the amount is $125K. (My bankruptcy attorney is unavailable...he tried to take out a hit on another lawyer and is in jail). The bankruptcy trustee says that the SCDOR got the money that they asked for ($4400).
Now...the MAIN reason that I filed bankruptcy was so that the people I owed money to could get paid. Everyone, it seems, was except the SCDOR. If the money was there, why weren't they? Now I'm losing a quarter of my wages. Does the fact that the debt if for payroll taxes matter? Why did the IRS get paid ad the state didnt? Did the state forget to add a zero...asking for $4400 and not $44,000. The SCDOR lists my wife, who died in 2007, on their wall of shame (Very classy). This doesn't make sense...Do I have any recourse? Will it involve my having to retain and pay for a tax attorney?
Any Help would be GREATLY appreciated.
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Old 09-23-2014, 08:17 AM   #2 (permalink)
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Join Date: Oct 2012
Posts: 326
I would contact another bankruptcy attorney. The purpose of bankruptcy is to provide a fresh start, and frankly I deal with banks in these situations and they may have the money, and should have paid the state, but they may not even know they have the money.

I would use your state bar association to find an attorney to review your case. If your bankruptcy attorney is unavailable at this point you may also have a claim for legal malpractice.

You can also use legalmatch to help you find a bankruptcy attorney.

Here is an article explaining property in bankruptcy. http://www.legalmatch.com/law-librar...ankruptcy.html and also legal malpractice. http://www.legalmatch.com/law-librar...lpractice.html
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