Oregon Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Income 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

It is required to pay back all secured debt and 100% of all unsecured debt.

Whether it's a Chapter 13 or 7 or 11, no bankruptcy filing eliminates all debts. Child support and alimony payments aren't dischargeable, nor are student loans and most taxes. But bankruptcy can eliminate many other debts, though it will likely make it harder for you to borrow in the future.

A Chapter 13 petition for bankruptcy will likely necessitate a $500 to $600 monthly payment, especially for debtors paying at least one automobile through the payment plan. However, since the bankruptcy court will consider a large number of factors, this estimate could vary greatly.

If you are dealing with a long-term change but still have"disposable income," you can ask the bankruptcy court to allow you to modify your plan and lower your monthly payments on a permanent basis. (To learn more about the Chapter 13 plan, see the articles in The Chapter 13 Repayment Plan.)

You may make payments by wage order, by mail or by TFS Bill Pay. We DO NOT accept cash. A wage order directs your employer to deduct your Chapter 13 plan payment from your wages and send it directly to the Chapter 13 Trustee. Historically, debtors with wage orders have the highest likelihood of success.

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Oregon Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee