Rhode Island 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

Does my employer have to give me paid vacation time? No, employers are not required to provide paid vacation time. However, if your employer does provide vacation time, they are required to pay out any remaining accrued vacation pay upon separation if you work for them for at least one year.

Section 10-5-8 of Rhode Island Law provides for a continuing withholding of your employee's earnings. Effective with the accompanying Writ of Attachment you are to withhold from your employee's earnings until you are in possession of $_________________________.

In addition, when objecting to wage garnishment in Rhode Island, you must prove your case by providing evidence or documentation to support your claim. In addition, you may need to appear in court for the hearing, and the court will give the judgment after you present your case or a few days later, but in written form.

Rhode Island follows federal law in setting out the maximum amount of non-exempt income subject to garnishment. The most that can be garnished is the lesser of: 25% of the debtor's disposable income.

Final paychecks in Rhode Island Employees who separate from employment for any reason (including termination, resignation and layoffs) must be paid all final wages by the next regularly scheduled payday.

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