Maryland 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

A creditor may not garnish more than 25% of your wages per pay period. For individuals earning minimum wage or near minimum wage, you must be left with an amount equal to 30 times the Maryland minimum hourly wage.

Federal and state law limits the amount that can be taken from your paycheck to pay debts. 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.

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.

3-646(i) - Withholding and Remitting of Wages While the garnishment is in effect, the garnishee shall withhold all garnishable wages payable to the debtor. If the garnishee has asserted a defense or is notified that the debtor has done so, the garnishee shall remit the withheld wages to the court.

Have you been threatened with one or the other? If so, you know how frustrating it can be. Wage garnishments are a frequent tool both the IRS and the State of Maryland use to collect back taxes or tax liabilities. But these levies and liens can cause real pain for those who are subject to them.

Subject to the provisions of Rule 2-645.1, this Rule governs garnishment of any property of the judgment debtor, other than wages subject to Rule 2-646 and a partnership interest subject to a charging order, in the hands of a third person for the purpose of satisfying a money judgment.

Rule 3-645.) You may be entitled to claim an exemption of all or part of your money or property, but in order to do so you must file a motion with the court as soon as possible. If you do not file a motion within 30 days of when the garnishee was served, your property may be turned over to the judgment creditor.

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