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West Virginia Chapter 13 Request to Cease Wage Withholding

State:
West Virginia
Control #:
WV-SKU-0035
Format:
PDF
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Description

Chapter 13 Request to Cease Wage Withholding

West Virginia Chapter 13 Request to Cease Wage Withholding is a document used by individuals in the state of West Virginia who are in the midst of a Chapter 13 bankruptcy repayment plan to request a cessation of wage withholding. It is the responsibility of the debtor to inform their employer of their filing for bankruptcy and to provide the employer with the West Virginia Chapter 13 Request to Cease Wage Withholding. There are two types of West Virginia Chapter 13 Request to Cease Wage Withholding: voluntary and court-ordered. In the voluntary request, the debtor must provide the employer with a copy of the bankruptcy petition, proof of claim, and notice of confirmation of the bankruptcy repayment plan. The court-ordered request requires the debtor to provide the employer with a copy of the bankruptcy court order that instructs the employer to cease wage withholding.

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FAQ

PAYROLL DEDUCTION ORDERS This order tells your employer to deduct your plan payment from your paycheck and send it to the Chapter 13 Trustee. This order prohibits your employer from honoring any garnishments while you are under Chapter 13, including back taxes.

Filing for chapter 13 bankruptcy might actually be one of the most powerful tools you have for dealing with tax problems because it allows you to pay recent taxes interest free, discharge penalties, eliminate or reduce liens related to unpaid taxes, and discharge old tax debts entirely.

Once the court confirms the plan, the debtor must make the plan succeed. The debtor must make regular payments to the trustee either directly or through payroll deduction, which will require adjustment to living on a fixed budget for a prolonged period.

Tax obligations while filing Chapter 13 bankruptcy: Taxpayers must file all required tax returns for tax periods ending within four years of their bankruptcy filing. During a bankruptcy taxpayers must continue to file, or get an extension of time to file, all required returns.

You can receive tax refunds while in bankruptcy. However, refunds may be subject to delay or used to pay down your tax debts.

Your trustee can take a tax refund that's part of your bankruptcy estate unless you can claim the refund as exempt. You can avoid turning future refunds over to your trustee by adjusting your tax withholding so you don't overpay your income taxes.

A Chapter 13 bankruptcy can remain on your credit report for up to 10 years, and you will lose all your credit cards. Bankruptcy also makes it nearly impossible to get a mortgage if you don't already have one.

The trustee will use the tax documents to verify your income and, to some extent, your expenses and other financial transactions. This article explains more about bankruptcy and tax returns, including why you'll turn over: your most recent return and possibly the previous year's return in Chapter 7 bankruptcy, and.

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West Virginia Chapter 13 Request to Cease Wage Withholding