Nevada 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

The full Means Test compares the debtor's income to their expenses to determine whether they should benefit from Chapter 7 relief based on their ?disposable income.? Applying the Means Test involves deducting all household expenses from the debtor's gross income, including housing costs, utilities, medical expenses, ...

In Chapter 13 bankruptcy, you pay the Chapter 13 bankruptcy trustee the monthly payment required by your Chapter 13 repayment plan and the trustee distributes the funds to creditors each month.

You may make payments by wage order, by mail or by TFS Bill Pay. We DO NOT accept cash. A wage order directs your employer to deduct your Chapter 13 plan payment from your wages and send it directly to the Chapter 13 Trustee. Historically, debtors with wage orders have the highest likelihood of success.

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

Nevada ?Median Income? Test If your monthly household income is less than the Nevada median income for a household of your size, you are presumed to be eligible to file for Chapter 7 bankruptcy under Section 707(b)(2). Compare your household income over the past six calendar months to the state median.

You can earn a high income and still pass the means test if you have substantial expenses like a hefty mortgage, multiple car payments, taxes, childcare, health care, or care of an elderly or disabled person. However, if your disposable income is more than a certain sum, you will not be able to file.

The means test is calculated by comparing the debtor's average income for the past six months (current monthly income), annualized, to the median income for households of the same size in the debtor's state of residence.

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