Mississippi 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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File a Claim of Exemption For example, if your income is already being garnished by another order, it could reduce the impact of any new garnishments. Additionally, certain types of income may be exempt from garnishments in general, including alimony, child support, Social Security, retirement and disability income.

Sometimes creditors allow you to do this by working out a payment plan with them. However, if you cannot keep up with the payments or work out a deal, the best way to prevent garnishment is typically bankruptcy. Bankruptcy's automatic stay immediately halts all garnishments the day that you file.

Limitations on garnishment Under the law, your creditors may only take the lesser of: 25 percent of your disposable earnings or 30 times the federal minimum wage. Your disposable earnings are the portions of your paycheck left over after taxes and other deductions have been taken out.

A judgment-creditor may seek wage garnishment if it is aware of the debtor's place of employment. Under Indiana and federal law, wage garnishment applies to 25% of the debtor's net take home pay, (i.e., gross pay less statutorily mandated deductions).

Cheri wants to pursue a remedy when she discovers her disadvantage in the contract. What recourse does Cheri have under UCC? Cheri may have a court alter the contract. A court can limit or expand the contract to render it fair.

(1) Where more than one garnishment has been issued against an employee of a garnishee, such garnishee shall comply with the garnishment with which he was first served.

Wages: In Virginia, the garnishment amount is limited to 25% of the person's disposable income. Disposable income is defined as gross income minus deductions for federal, state and local taxes, Social Security and Medicare contributions, union dues and health insurance premiums.

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