Pennsylvania 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.

The Pennsylvania Order Requiring a Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee is a legal mechanism used in the state to ensure that an individual's debt obligations are met. This order requires an employer to deduct a certain portion of a debtor's paycheck and remit that amount directly to the trustee assigned to oversee the debtor's financial affairs. The purpose of this order is to enable the trustee to administer the debtor's finances in a controlled manner and facilitate the repayment of debts. By having the employer deduct the specified amount directly from the debtor's paycheck, it ensures a consistent and reliable source of funds for the trustee to work with. There are various types of Pennsylvania Orders Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee, each tailored to the specific circumstances of the debtor. Some common types include: 1. Wage Garnishment Order: This type of order allows the trustee to deduct a predetermined percentage or fixed amount from the debtor's wages. The employer is then required to remit this deducted amount to the trustee on a regular basis, typically monthly. 2. Child Support Order: In cases where the debtor has outstanding child support obligations, a specific order can be issued to deduct a portion of their paycheck and remit it directly to the designated child support agency or guardian. 3. Tax Levy Order: This type of order is used when a debtor owes back taxes to the state or federal government. It authorizes the trustee to instruct the employer to withhold a specified amount from the debtor's paycheck and forward it to the taxing authority. 4. Spousal Support Order: In situations involving spousal maintenance or alimony, a court-issued order can mandate the employer to deduct the agreed-upon amount from the debtor's paycheck and transmit it to the payee spouse via the trustee. The Pennsylvania Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee serves as a crucial tool for debt management and enforcement in the state. It ensures that debtors fulfill their financial obligations by providing an efficient mechanism for the trustee to collect funds directly from the debtor's employment income.

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In Chapter 13 bankruptcy, you must devote all of your "disposable income" to the repayment of your debts over the life of your Chapter 13 plan. Your disposable income first goes to your secured and priority creditors. Your unsecured creditors share any remaining amount.

After Plan Completion: After all payments have been completed, the Chapter 13 Trustee will file a Motion to Return any Excess Funds to Debtor and to Terminate any Payroll Deduction by Employer. If the Motion is granted, the Court will enter an order granting the motion and issue two notices.

Funds received after the date of an Order of Dismissal or an Order of Conversion in a confirmed case and after the Trustee has closed the case will be disbursed directly to the debtor(s). These refunds will be generated once per month, near the end of the month, prior to the regular disbursement cycle.

Through the Chapter 13 you are debt free in 3 - 5 years. Through the designated plan, you are paying straight principal on the debt with no continued interest or late charges on unsecured debts such as credit cards, medical bills, personal loans, loan deficiency debt, etc.

It's a Long Term Commitment ? Filing Chapter 13 bankruptcy requires you to make a long-term commitment to the process. Tough To Get Credit or a Mortgage for 7 Years ? Other impacts include the inability to get credit cards at a good rate, and filing Chapter 13 makes it tough to get a mortgage.

If you incur debt without prior court approval, you can try to get the court to approve the debt later by showing that it was not possible to get court approval ahead of time. You will also have to get the creditor to agree and to submit a proof of claim. At that point, you can include the debt in your plan.

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.

While you are in a Chapter 13 Bankruptcy, the lender will still have a lien on the property. If there are any missed payments, then the lender will be able to foreclose on the property after they have received relief from the Court for the failure of the filer to make the necessary payments.

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Estates and trusts are entitled to deduct from their income any distribution of income that they are required to distribute (under the governing instrument or ... This order tells your employer to deduct your plan payment from your paycheck and send it to the Chapter 13 Trustee. This order prohibits your employer from.Sep 28, 2023 — The chapter 13 trustee's office will not accept cash payments. (3) Payroll deduction. Ask your attorney to complete and file a payroll order to ... The debtor must make regular payments to the trustee either directly or through payroll deduction, which will require adjustment to living on a fixed budget ... Q: For wage claim cases, the proposed distribution currently provides a detailed breakdown of gross pay, payroll deductions, employer payroll taxes, and net pay ... Transcripts of balances due by personal representative. § 3546. Determination of title to decedent's interest in real estate. Subchapter F. Legacies, Annuities, ... Mandatory deductions are amounts required by law or regulation to be withheld from an employee's pay. Voluntary deductions are amounts withheld from pay that ... 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 ... Ordering tax transcripts and copies of returns. Trustees may require the debtor to submit copies or transcripts of the debtor's returns as proof of filing. The ... Aug 28, 2012 — Deductions are to be withheld from every paycheck and are remitted by the employer at least monthly. ... the debtor pays as required by the order.

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