Chapter 13 Bankruptcy Funding Through Payroll Deduction

December 9th, 2008 by Reed Allmand

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If you file Chapter 13 bankruptcy and are funding your bankruptcy repayment plan through payroll deduction, it is still your responsibility to make sure that payments sent, are accurate and on time. If your employer fails to withhold the payments, does not withhold enough money or sends in the payment late, you are responsible for fixing the problem. The employer will not under any circumstances be held responsible by the bankruptcy trustee for missed, late or inaccurate payments. That is solely the responsibility of the debtor. Many debtors go through the process of Chapter 13 bankruptcy and suffer dismissal because they left the responsibility up to employers to pay the plan properly and in a timely fashion without overseeing their own plan. While paying through payroll deduction is convenient it does not absolve the debtor from actively overseeing their Chapter 13 bankruptcy repayment plan.

Debtors can eliminate repayment problems with payroll deduction by realizing that their first payroll deduction will most likely not occur immediately. That means that the debtor should go ahead and send the bankruptcy trustee the first and second payment. When mailing a payment to the bankruptcy trustee, make sure to include your name and case number on the check or money order.

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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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