Florida 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

You should receive notification of your discharge from your federal loan servicer within 90-120 days after you received your notification email.

What does my Chapter 13 discharge order look like? While every court is slightly different, the Chapter 13 discharge order looks similar. It is signed by a judge and states that ?A discharge under 11 U.S.C. § 1328(a) is granted to: Your Name?.

Chapter 13 is essentially a consolidation loan in which you make a monthly payment to a court-appointed trustee, who then distributes the money to creditors. Creditors are not allowed to have any direct contact with you and must go through the trustee instead. You can keep your property and gain time to pay off debts.

A Chapter 13 discharge is a formal document signed by the bankruptcy judge that says you've successfully met the terms of your repayment plan. It means that any remaining balances on your qualified debt are forgiven, and it's a red-light-full-stop for creditors trying to collect debts.

A creditor can garnish 25% of your disposable income or the amount by which your disposable income exceeds 30 times federal minimum wage, whichever is less. In Florida, if your disposable income is less than 30 times federal minimum wage, your wages can't be garnished at all.

Your credit score will lower dramatically due to Chapter 13 being on your credit report. It will be removed after seven years. Credit scores tend to drop between 150 to 200 points after filing for bankruptcy. The average score is around 579.

The court shall allow the judgment debtor's employer to collect up to $5 against the salary or wages of the judgment debtor to reimburse the employer for administrative costs for the first deduction from the judgment debtor's salary or wages and up to $2 for each deduction thereafter.

State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money, and property are exempt from garnishment.

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