Colorado 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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FAQ

The act changes the amount subject to garnishment to 20% of the individual's disposable weekly earnings 40 times the amount by which an individual's disposable earnings for a week exceed the state or federal minimum wage.

The court issues a writ of garnishment that states how much the debtor owes the creditor, and it and demands that the debtor's bank or employer pay the creditor.

(1) A writ of continuing garnishment shall be a lien and continuing levy against the nonexempt earnings of the judgment debtor until such time as earnings are no longer due, the underlying judgment is vacated, modified or satisfied in full, the writ is dismissed, or for 91 days (13 weeks) following service of the writ, ...

In some instances, filing for bankruptcy may be the solution to assist you with your wage garnishment. You may also be able to protect yourself by filing an exemption claim with the court or by raising an objection to the wage garnishment.

Wage Garnishments A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld for the payment of a debt. Most garnishments are made by court order.

This is called wage garnishment. If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.

Child support has first priority over any other type of wage attachment. An IRS levy has second priority. Defaulted student loans, bankruptcies, and payment plans have third priority.

Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable weekly earnings or the amount by which an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less.

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