Michigan 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

Filing your Objection You can use the Do-It-Yourself Objection to Garnishment tool if you have a reason to object to the garnishment. There is no cost to file an objection to a garnishment. You must file your objection with the court within 14 days of getting the notice of garnishment to stop the garnishment.

11 U.S.C. § 1325. In chapter 13, "disposable income" is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor's gross income.

If the debtor's disposable income increases by a substantial amount, the trustee may ask for the payments to also increase. If the plan goes beyond 36 months, the increased payments may actually reduce the length of the plan.

Generally, money from these sources cannot be garnished: Social Security benefits and disability payments. Supplemental Security Income (SSI) payments. Veterans' Benefits.

Limits on Wage Garnishment in Michigan up to 25% of your disposable earnings or. the amount of your disposable earnings that's more than 30 times the federal minimum wage, which is $217.50 (2021 figure).

The documents in your repayment plan include income information on monthly expenses, assets, and debts. The trustee confirms those figures by using your tax returns, paycheck stubs, bank statements, etc. It's not expressly the job of the trustee to keep checking your pay stubs or direct deposits for wage increases.

Duties Of A Chapter 13 Trustee Be accountable for all property received during the Chapter 13 bankruptcy case; Ensure the debtor performs the debtor's intention; Investigate the financial affairs of the debtor; Examine proofs of claims and object if necessary; Oppose the discharge of the debtor when necessary;

CHAPTER 13 BANKRUPTCY If you have a month where you receive an unexpected lump sum or windfall, you must pay the lump sum in to the bankruptcy as well. Just like in Chapter 7 Bankruptcy, however, you get to keep whatever you win after the creditors are paid off.

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