Kansas 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

Garnishment is a legal process that allows a third party to seize assets of a debtor. For example, a creditor, who can be a winning party in a suit or a creditor in a bankruptcy case, can acquire the wage of the debtorthrough the debtor's employer.

Federal law limits wage garnishments to 25% of your disposable income (15% for federal student loans) or the amount exceeding 30 times the federal minimum wage, whichever is less. Individuals with a child support order can garnish up to 65% of disposable earnings for child support.

Unless you agree in writing to a higher amount, the government can garnish your disposable pay up to 15%. Federal law also limits total garnishments to 25% of disposable pay. Therefore, if you have other garnishments, the total of all garnishments including the federal government, cannot exceed 25%.

Examples of exemptions which apply to money in a bank account include any support payments such as child support or alimony, social security, disability, retirement benefits, and supplemental security income (SSI) such as unemployment and workers compensation.

How to Fight a Wage Garnishment in Kansas Out of Compliance with State Laws. Argue that the garnishment is not in ance with state law. ... Garnishment Exceeds the Kansas Statutory Limit. Argue that the garnishment exceeds the amount allowed by law. ... The Debt is Invalid. ... File for Bankruptcy Protection.

No one creditor may issue more than one garnishment against the earnings of the same judgment debtor during any one 30-day period, but the court shall allow the creditor to file amendments or corrections of names or addresses of any party to the order of garnishment at any time.

Examples of exemptions which apply to money in a bank account include any support payments such as child support or alimony, social security, disability, retirement benefits, and supplemental security income (SSI) such as unemployment and workers compensation.

In Kansas, like under federal law, the maximum amount of your disposable earnings for any workweek, which may be garnished is the lesser of either: up to 25% of your disposable earnings or. the amount of your disposable earnings that's more than 30 times the federal minimum wage.

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