Indiana 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

By paying the debt off before it goes to court, you can stop the garnishment from ever happening. If you can't repay the debt or making payments is extremely difficult the best move is to contact the creditor. Ignoring creditors generally creates more problems than it avoids.

Limits on Wage Garnishment in Indiana For any given workweek, creditors are allowed to garnish the lesser of: 25% of your disposable earnings, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.

Stop Wage Garnishment Immediately by Filing for Bankruptcy Depending on why you're paying, it may only be temporary. It won't impact child support, alimony, tax, or student loan payments since these are non-dischargeable (can't be cleared) priority debts under the bankruptcy code.

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

If a court has awarded judgment to your creditor and garnishment is part of the plan, here are some potential ways to get rid of it. Pay Off the Debt. ... Work With Your Creditor. ... Challenge the Garnishment. ... File a Claim of Exemption. ... File for Bankruptcy.

Funds received after the date of an Order of Dismissal or an Order of Conversion in a confirmed case and after the Trustee has closed the case will be disbursed directly to the debtor(s). These refunds will be generated once per month, near the end of the month, prior to the regular disbursement cycle.

Indiana law allows some property and other assets to be exempt, including real estate equity up to $19,300 if it's your personal residence. If you file jointly with a spouse, you can double the exemption amount. Indiana also exempts some specific retirement and insurance benefits and personal property.

In Indiana, the laws are designed to mainly track federal wage garnishment limits. If more than one creditor is garnishing your wages at the same time, then the maximum amount that can be garnished by all of your creditors combined is 25 percent.

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