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 Mississippi Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee is an essential legal document used in bankruptcy proceedings. This order seeks to enforce the repayment of debts by instructing the debtor's employer to deduct a certain amount from the debtor's income and remit it directly to the trustee overseeing the bankruptcy case. This ensures that the trustee receives the necessary funds to distribute among the creditors according to the bankruptcy plan. The following are different types of Mississippi Orders Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee that you may encounter based on specific circumstances: 1. Common Wage Withholding Order: This type of order is typical and requires the debtor's employer to withhold a specific percentage or amount from the debtor's wages regularly. The employer is then required to remit this deducted amount to the trustee. 2. Priority Payment Order: In some cases, when certain debts hold priority status, a specific order may be issued to ensure that a particular debt is prioritized for payment. This debenture receives preferential treatment compared to other creditors, allowing them to be paid first during the bankruptcy proceedings. 3. Installment Payment Order: If the debtor is unable to make a lump-sum payment, an installment payment order may be implemented. With this order, the debtor's employer deducts a fixed amount from the debtor's income periodically (monthly or bi-weekly) until the debt is fully repaid. 4. Automatic Stay Order: This order halts all collection actions, including wage garnishment, initiated by the creditors once the debtor has filed for bankruptcy. It prevents the debtor's employer from receiving further instructions from any other creditors seeking wage garnishment until the bankruptcy case is resolved. 5. Discharge Order: Once the debtor's bankruptcy case is successfully completed, a discharge order may be issued. This order releases the debtor from the obligation to repay certain debts that qualify for discharge, effectively ending the bankruptcy process and providing the debtor with a fresh financial start. It is important to note that the specific terms and conditions of an Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee may vary on a case-by-case basis and may depend on the debtor's unique financial situation and the type of bankruptcy filed. Consultation with an attorney familiar with bankruptcy law in Mississippi is crucial when dealing with such orders to ensure compliance and protection of the rights and interests of all parties involved.
