Louisiana 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.

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FAQ

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?.

There are generally only two ways to stop wage garnishment in Louisiana. You can either pay the amount you owe off, or you can file for bankruptcy. If you decide to pay the full amount, you can do this by either paying a one-time lump sum, or you can allow the wage garnishment to continue until the full amount is paid.

The other 75% of your earnings and any other income that can't be garnished by a creditor is considered exempt. In Louisiana, other exemptions include Social Security benefits, unemployment benefits, and worker's compensation, among others.

The ways you can put a stop to a garnishee are: Negotiate repayment terms with your creditor on the condition that they agree to remove the garnishee. Obtain a loan to pay off the garnisheeing creditor in full. File with orderly payment of debts (where available).

If a creditor has already gone to court and obtained a garnishee summons allowing them to garnishee your wages, the wage garnishment will only stop once it is paid, or if the creditor agrees to stop it. You can attempt to make a deal with the creditor.

In Chapter 13 bankruptcy, you pay the Chapter 13 bankruptcy trustee the monthly payment required by your Chapter 13 repayment plan and the trustee distributes the funds to creditors each month.

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.

The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).

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