Nebraska 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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25-1558. Wages; subject to garnishment; amount; exceptions. (c) Fifteen percent of his or her disposable earnings for that week, if the individual is a head of a family. (c) Any debt due for any state or federal tax. (3) No court shall make, execute, or enforce any order or process in violation of this section.

Limits on Wage Garnishment in Nebraska In Nebraska, for any workweek, a creditor may garnish the lesser of: 25% of your disposable earnings, or 15% of your disposable earnings if you're the head of a family, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.

File a Claim of Exemption For example, if your income is already being garnished by another order, it could reduce the impact of any new garnishments. Additionally, certain types of income may be exempt from garnishments in general, including alimony, child support, Social Security, retirement and disability income.

Sadly, there is no statute in Nebraska that prevents them from doing just that. While some judges will not allow the creditor to ?double dip?, if you go to court and object, many judges allow the debt collector to garnish both.

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.

In Nebraska, most creditors can garnish up to 25% of your wages to apply to your debts unless you're the head of a family. A "wage garnishment," sometimes called a "wage attachment," is an order requiring your employer to withhold a specific amount of money from your pay and send it directly to one of your creditors.

Through the Chapter 13 you are debt free in 3 - 5 years. Through the designated plan, you are paying straight principal on the debt with no continued interest or late charges on unsecured debts such as credit cards, medical bills, personal loans, loan deficiency debt, etc.

Wage garnishment can be a painful and embarrassing process for the employee.

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