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.

Nebraska Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee is a legal document issued by a court to enforce the repayment of debts owed by a debtor. This order requires the debtor's employer to deduct a portion of the debtor's paycheck and remit it directly to the trustee handling the debtor's case. This ensures a consistent and timely payment towards the debtor's outstanding obligations. There are different types of Nebraska Orders Requiring a Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee, including: 1. Wage Garnishment Order: This type of order allows a trustee to collect a specific percentage or fixed amount from the debtor's wages directly through their employer. The employer is legally obliged to deduct this amount from the debtor's paycheck and remit it to the trustee. This type of order is typically used when a debtor has defaulted on a loan or has outstanding debt obligations. 2. Chapter 13 Bankruptcy Order: In a Chapter 13 bankruptcy case, the court may issue an order requiring the debtor's employer to make regular deductions from the debtor's wages and remit them directly to the trustee. These deductions are part of a court-approved repayment plan designed to help the debtor repay their debts over a specified period. 3. Child Support Order: In cases where a debtor owes child support payments, a Nebraska Order Requiring a Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee can be issued to enforce the collection of these payments. This order ensures that a portion of the debtor's wages is deducted and sent directly to the trustee responsible for distributing the funds to the appropriate child support recipients. 4. Tax Levy Order: In circumstances where a debtor has unpaid taxes, the Nebraska Order Requiring a Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee may be used to initiate a tax levy. This allows the IRS or state taxing authority to collect the owed taxes by garnishing the debtor's wages through their employer. These various types of Nebraska Orders Requiring a Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee provide legal mechanisms to ensure the consistent and timely repayment of debts or obligations owed by a debtor. The specific type of order issued will depend on the nature of the debt or obligation involved, such as wage garnishment, bankruptcy repayment plans, child support, or tax collection.

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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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You must hold the nonexempt earnings of the judgment debtor until you receive further order from the court. 3. The amount you are required by law to deduct from ... Employer Deduction: It is recommend that you have the bankruptcy payment deducted from your paycheck. Such a deduction is required by the Bankruptcy Court ...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 ... Sep 28, 2023 — The chapter 13 trustee's office will not accept cash payments. (3) Payroll deduction. Ask your attorney to complete and file a payroll order to ... 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. After a 10-day waiting period from date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment that clerk of the court issues. by B Rules · Cited by 3 — ... the income of a joint debtor or non-filing spouse) is filled in. The instruction is intended to prevent double reporting of the same income. When a plan has been approved, the court may order the. Department to pay all or part of those wages to a trustee for the debtor. The law waives the U.S.. by DA Austin · Cited by 50 — Section 1325(c) of the Code authorizes the court to order the debtor's employer to deduct the amount from the debtor's paycheck and forward ... Trustee instead of by Employer Deduction Order. A Debtor may be permitted to ... to deduct plan payments from your paycheck and send them to the Trustee, you have ...

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