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Georgia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee

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The U.S. Bankruptcy Code also allows individual debtors who meet certain financial criteria to adopt extended time payment plans for the payment of debts. An individual debtor on a regular income may submit a plan for installment payment of outstanding debts. This is called a Chapter 13 Plan. This plan must be confirmed by the court. Once it is confirmed, debts are paid in the manner specified in the plan. After all payments called for by the plan are made, the debtor is given a discharge. The plan is, in effect, a budget of the debtor's future income with respect to outstanding debts. The plan must provide for the eventual payment in full of all claims entitled to priority under the Bankruptcy Code. The plan will be confirmed if it is submitted in good faith and is in the best interest of the creditors.


A Chapter 13 plan must provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan. After the confirmation of a Chapter 13 plan, the court may exercise its discretion and order any entity from whom the debtor receives income to pay all or part of such income to the trustee.

A Georgia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee is a legal document that mandates an employer to withhold and remit a portion of a debtor's wages to a trustee. This process ensures that the debtor's outstanding debts are repaid in a timely manner and allows creditors to receive their allotted share. One type of Georgia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee is a Wage Garnishment Order. This order is issued by a court or administrative agency and directs the employer to deduct a specific amount from the debtor's paycheck on a regular basis. The withheld funds are then forwarded to the trustee who distributes the payments to the relevant creditors. Another type is a Voluntary Wage Assignment Order, where the debtor voluntarily agrees to have a portion of their wages deducted and remitted to the trustee. This type of order may be entered into as part of a debt repayment plan or agreement. The purpose of these orders is to facilitate the repayment of debts, ensure fairness amongst creditors, and protect the interests of the debtor. The orders are typically issued after a legal judgment or determination of the debtor's financial obligations. To obtain a Georgia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee, specific steps must be followed. First, the creditor files a legal action against the debtor and obtains a judgment. This judgment serves as proof of the debtor's outstanding debt. The creditor then requests the court to issue the order by providing relevant documentation, including the judgment and details of the debtor's employment. Once the order is obtained, it is served upon the debtor's employer who is legally obligated to comply with the instructions outlined in the order. The employer must begin withholding the specified amount from the debtor's wages and remit it to the trustee within the designated time frame. The trustee then manages the funds, ensuring they are distributed appropriately to satisfy the debtor's outstanding debts. It is important to note that these orders are subject to specific legal requirements and limitations, such as maximum amounts that can be withheld and protections for the debtor's livelihood. Employers must carefully follow the provisions of the order to avoid legal consequences. In summary, a Georgia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee is a powerful legal tool used to enforce debt repayment. It comes in various forms, including Wage Garnishment Orders and Voluntary Wage Assignment Orders. These orders protect the interests of creditors while providing a structured framework for debt resolution.

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FAQ

Can a Bankruptcy Trustee Take Your Tax Refund After a Discharge? There are two types of bankruptcy for individuals, Chapter 7 and Chapter 13. The bankruptcy trustee can keep your tax refund in both, though with Chapter 7 it will happen only once. With Chapter 13, it can happen every year of your repayment plan.

Closing a Chapter 7 Bankruptcy After Discharge A Chapter 7 case will remain open after the discharge if the Chapter 7 trustee appointed to the matter needs additional time to sell assets or if the case involves litigation.

Whether the trustee can take money you receive after filing your case depends on whether you were entitled to the money at the time your case was filed and how it was listed on your forms, if at all.

After Plan Completion: After all payments have been completed, the Chapter 13 Trustee will file a Motion to Return any Excess Funds to Debtor and to Terminate any Payroll Deduction by Employer. If the Motion is granted, the Court will enter an order granting the motion and issue two notices.

What does my Chapter 13 discharge order look like? While every court is slightly different, the Chapter 13 discharge order looks similar. It is signed by a judge and states that ?A discharge under 11 U.S.C. § 1328(a) is granted to: Your Name?.

When Lotto Winnings Aren't Exempt. Any winnings above your allowed exemption amounts go to the bankruptcy trustee to the extent necessary to pay your debts. However, if there is money left after all of your debts and the costs of the bankruptcy are paid, the excess will be returned to you.

Summary. Your trustee may exercise their legal function to review your finances including your bank accounts. However, they are not permitted to touch any of your funds. Unless, of course, you have stipulated that in your repayment plan.

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When the Court vacates the Wage Order, it is directing the debtor's employer to stop deducting the plan payment from the debtor's wages. The debtor and debtor's ... ... the Trustee will direct the debtor's employer to withhold from debtor's ... The revised procedure for Salary Orders is that Debtor's must now complete an initial ...Only in special cases will the Court allow plan payments to be made by you directly to the. Trustee instead of by Employer Deduction Order. A Debtor may be ... The Debtor shall notify the Chapter 13 Trustee of any changes in employment ... pay or file an objection to the Debtor's motion and request a hearing. Upon ... May 24, 2006 — The Chapter 13 Trustee ... Jul 10, 2015 — OBLIGATION TO PAY - Even though the Court usually orders your employer to deduct plan payments and send them to the Trustee, you must remember ... Oct 4, 2012 — To ensure proper credit, it is imperative that the debtor in possession and chapter 11 trustee write the case number on each check and remit ... Sep 28, 2023 — The chapter 13 trustee's office will not accept cash payments. (3) Payroll deduction. Ask your attorney to complete and file a payroll order to ... Identified as exempt and for which a lien avoidance order was issued; or; Re-vested in the debtor without lien retention under a plan; and. Any other property ... Mandatory deductions are amounts required by law or regulation to be withheld from an employee's pay. Voluntary deductions are amounts withheld from pay that ...

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Georgia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee