Michigan 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

A cram up is when junior classes of creditors impose a cramdown?which allows bankruptcy courts to ignore objections by creditors to recognize debts?on senior classes of creditors during a bankruptcy or reorganization.

A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.

A cramdown occurs when a court ignores creditor objections and approves a debtor's reorganization plans, as long as the plan is fair and equitable. If a court finds the reorganization plan acceptable but a creditor does not, the court may force the creditors to accept the terms. This is called a ?cram down.?

A trustee is appointed to take control of certain assets of the debtor, bring these assets into the estate, and sell or distribute these assets for the benefit of creditors. Some assets will remain with the debtor if these assets are determined to be exempt from distribution to creditors.

For example, if someone bought a car worth $25,000 with a loan, the loan could accrue interest and the overall loan size would increase. Cram-down would reduce the debt above $25,000 down to $25,000.

A cramdown is the imposition of a bankruptcy reorganization plan by a court despite any objections by certain classes of creditors. A cramdown is often utilized as a part of the Chapter 13 bankruptcy filing and involves the debtor changing the terms of a contract with a creditor with the help of the court.

A "cram down" is a term that is often used to describe a down round financing in which existing investors lead a new financing that includes terms that may be severely dilutive to non- participating investors and that may include other features, such as forced conversions and "pay-to-play" mechanisms, that may have the ...

Resident estates and trusts are subject to the individual income tax. ( Sec. 206.51(6), M.C.L. )

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