Will The Bankruptcy Court Garnish My Wages?

September 22nd, 2009 by Reed Allmand

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NYC - Bowling Green: Alexander Hamilton Custom... When a debtor files for Chapter 13 bankruptcy, he/she can choose to have the repayment amount automatically deducted from their paycheck. The bankruptcy deduction can be has high as you prefer or as low as you prefer as long as it covers the amount you agreed to pay in the bankruptcy plan. There is no limit on how much you can choose to deduct from your paycheck to repay a bankruptcy plan.  Federal limit on paycheck deductions does not apply to Chapter 13 bankruptcy payments.

For example, if you have a $500 a month Chapter 13 bankruptcy payment, you might choose to have the bankruptcy court deduct $250 from each of your bi-weekly paychecks, even if you’re only earning $500 every two weeks. To set up a ongoing deduction plan from your paycheck for repayment of the bankruptcy plan you will need to submit a written plan to the bankruptcy court stating exactly how much money you want deduct from each paycheck.  The bankruptcy court will then give a wage deduction order to your employer who will deduct the ordered amount per your request. To find out more about your Chapter 13 bankruptcy repayment options speak with your Dallas-Fort Worth bankruptcy attorney.

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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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