Connecticut 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

States that currently impose the convenience of the employer rule are Alabama, Connecticut, Delaware, Nebraska, New York and Pennsylvania.

The employer is required to withhold Connecticut income tax on wages paid to the nonresident employee in the same proportion the employee's wages derived from or connected with sources within Connecticut relate to the employee's total wages.

Unless your company regularly does business in Connecticut, you may not have an economic nexus. Similarly, California employment policies and standards may be very different from Connecticut's.

Directed Trusts Now, under the Connecticut Uniform Directed Trust Act, the responsibilities of a trustee may be divided among two (or more) fiduciaries, with the fiduciaries other than the trustee known as "trust directors." The fiduciaries may manage different aspects of the trust administration.

The best way of doing this may vary depending on the particular trust deed, but typically a well-advised trustee would seek to ensure they distribute all the trust's net income by the end of the year, to avoid paying a high tax rate on the residual money.

Because Connecticut now recognizes certain income as being sourced under a convenience of the employer rule, taxes paid to other states under such regimes may be eligible for the resident credit.

A person who lives in one state but works in another may have tax liability in both states, but typically will receive a tax credit in their state of residence to eliminate double taxation of that income.

Public Acts 19-20 and 19-23, also known as the "Trust Act," created new guidelines for how Connecticut Law Enforcement works and cooperates with U.S. Immigration and Customs Enforcement (ICE).

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