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Maine 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.

Maine Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee is a legal mechanism utilized in the state of Maine to ensure that a debtor's financial obligations towards a trustee are fulfilled. This court-issued order mandates the debtor's employer to withhold a certain amount of money from the debtor's paycheck and remit it directly to the trustee, thereby facilitating the repayment of debts. There are primarily two types of Maine Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee: 1. Wage Garnishment Order: In this type of order, a predetermined percentage of the debtor's wages or a fixed dollar amount is withheld by the employer and forwarded to the trustee. The specified amount is determined based on the debtor's income and the outstanding debt obligations. 2. Support Order: Also known as income withholding order, this type of Maine order primarily applies to child support or alimony payments. When a debtor fails to meet their obligations towards child support or alimony, the court may issue an order requiring the employer to deduct a certain amount from the debtor's paycheck and transfer it to the trustee responsible for distributing the payments to the appropriate recipients. These Maine Orders Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee offer a legal recourse to trustees and creditors to ensure timely and consistent repayment. By obtaining the court's intervention, trustees can bypass potential delays or non-compliance and collect funds directly from the debtor's earnings. This process aids in meeting debt obligations promptly, facilitating the resolution of financial disputes, and providing stability for both the debtor and the creditors involved.

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The essential elements of the tort of abuse of process are that: "(1) `process' was used; (2) for an ulterior or illegitimate purpose; (3) resulting in damage." Jones v. Brockton Public Markets, Inc., 340 N.E.2d 484, 485 (Mass.

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

To commence trustee process, a plaintiff must request and receive a court order approving trustee process. The plaintiff then serves a ?trustee summons? within 30 days of the order on the trustee. The service of the trustee summons ?binds? all property in the name of the defendant that is in possession of the trustee.

Trustee process may be used by a party bringing a counterclaim, a cross-claim, or a third-party complaint in the same manner as upon an original claim. Such party may use trustee process, even though the trustee does not reside or maintain a usual place of business in the county where the action is pending.

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Under new 14 M.R.S.A. §§ 3127-3130, the judge is empowered to order a judgment debtor to make installment payments to his creditor in an amount proportionate ... After receiving the account, the collection agency will send a “hello letter” to the debtor. The hello letter contains the same case file number, and announces ...May 24, 2006 — The Chapter 13 Trustee ... 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 ... Oct 29, 2020 — A creditor that obtains a court judgment on a debt can garnish the consumer's wages—it can obtain an order requiring the consumer's employer to ... employers to make deductions from the debtors' wages or to turn over debtors' entire paychecks to the trustee or orders to the debtors themselves to endorse. Aug 28, 2012 — Deductions are to be withheld from every paycheck and are remitted by the employer at least monthly. ... the debtor pays as required by the order. Every trustee may retain or deduct out of the goods, effects and credits in his hands ... The employer or other payor served with the order shall calculate the ... For tax year 2022, the requirement to file a return for a bankruptcy estate applies only if gross income is at least $12,950. Qualified disability trust. For ... Aug 4, 2023 — the cost of resolving the dispute with the debtor, the trustee asked the bankruptcy court to order that the otherwise exempt assets be made ...

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