Garnishment of a PERA government pension upon filing a chapter 13 bankruptcy

by Linda
(Litchfield, MN.)

We are faced with filing a chapter 13 bankruptcy and I am wondering if a Minnesota PERA government pension can be garnished upon completion of the chapter 13 bankruptcy when a monthly allotment is ordered and we become unable to make those payments. We currently reside in Minnesota, but upon completion of the bankruptcy will be moving to New Mexico to be nearer to family and start over again.

thank you.

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Apr 12, 2010
debt after Chapter 13 bankruptcy
by: Gerri


Thanks for submitting your debt collection question on our Q&A page.

I'm not sure I understand your question, though. If you successfully complete a chapter 13 bankruptcy, you shouldn't be facing wage garnishment afterward. Most debts will be eliminated or reduced, so that you end up on solid footing when your bankruptcy case is completed.

While most retirement funds are protected from creditors, it is important that you get an answer regarding your specific retirement account from your bankruptcy attorney.

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