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 Phoenix Arizona Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee is a legal document issued by the bankruptcy court that mandates an individual's employer to withhold a portion of their income and send it directly to the bankruptcy trustee. This order ensures that the debtor makes consistent and timely payments towards their outstanding debts as part of their bankruptcy plan. In the context of bankruptcy proceedings, various types of orders may be issued depending on the specific situation. Some common types of Phoenix Arizona Orders Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee include: 1. Wage Garnishment Order: This type of order authorizes the employer to deduct a specific amount from the debtor's wages or salary regularly and forward it directly to the bankruptcy trustee. It helps to ensure a steady stream of payments towards the debtor's bankruptcy obligations. 2. Income Withholding Order: Similar to wage garnishment, an income withholding order directs the employer to withhold a predetermined percentage of the debtor's income, including salaries, bonuses, commissions, or any other form of compensation. The employer then transmits the withheld amount to the bankruptcy trustee for disbursement among the creditors. 3. Child Support or Spousal Maintenance Order: In cases where the debtor owes child support or spousal maintenance, a specific order may be issued to enforce the withholding of these owed obligations from the debtor's income. By doing so, the court ensures that the debtor fulfills their financial responsibilities towards their dependents during the bankruptcy process. 4. Priority Debt Order: This order focuses on specific debts that hold priority over others in bankruptcy cases. It requires the employer to remit deductions from the debtor's income exclusively towards these priority debts, such as taxes owed to the government or certain types of outstanding loans. These various types of Phoenix Arizona Orders Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee play a crucial role in facilitating the bankruptcy process, ensuring a structured approach to debt repayment while protecting the rights of both the debtor and the creditors involved in the case.A Phoenix Arizona Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee is a legal document issued by the bankruptcy court that mandates an individual's employer to withhold a portion of their income and send it directly to the bankruptcy trustee. This order ensures that the debtor makes consistent and timely payments towards their outstanding debts as part of their bankruptcy plan. In the context of bankruptcy proceedings, various types of orders may be issued depending on the specific situation. Some common types of Phoenix Arizona Orders Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee include: 1. Wage Garnishment Order: This type of order authorizes the employer to deduct a specific amount from the debtor's wages or salary regularly and forward it directly to the bankruptcy trustee. It helps to ensure a steady stream of payments towards the debtor's bankruptcy obligations. 2. Income Withholding Order: Similar to wage garnishment, an income withholding order directs the employer to withhold a predetermined percentage of the debtor's income, including salaries, bonuses, commissions, or any other form of compensation. The employer then transmits the withheld amount to the bankruptcy trustee for disbursement among the creditors. 3. Child Support or Spousal Maintenance Order: In cases where the debtor owes child support or spousal maintenance, a specific order may be issued to enforce the withholding of these owed obligations from the debtor's income. By doing so, the court ensures that the debtor fulfills their financial responsibilities towards their dependents during the bankruptcy process. 4. Priority Debt Order: This order focuses on specific debts that hold priority over others in bankruptcy cases. It requires the employer to remit deductions from the debtor's income exclusively towards these priority debts, such as taxes owed to the government or certain types of outstanding loans. These various types of Phoenix Arizona Orders Requiring Debtor's Employer to Remit Deductions from a Debtor's Income to Trustee play a crucial role in facilitating the bankruptcy process, ensuring a structured approach to debt repayment while protecting the rights of both the debtor and the creditors involved in the case.