South Carolina 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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FAQ

South Carolina Code §12-6-3515 allows a taxpayer, who is entitled to and claims a federal charitable deduction for a gift of land for conservation or for a qualified conservation contribution on a qualified real property interest located in South Carolina, to claim a South Carolina income tax credit equal to 25% of the ...

FEDERAL TAX CONFORMITY South Carolina Code §12-6-50 provides a list of Internal Revenue Code sections specifically not adopted by South Carolina. This conformity simplifies the filing of returns by adopting federal taxable income as a starting point for South Carolina income tax purposes.

Public benefits or assistance: many types of income derived from public assistance or benefits are protected from garnishment, including workers' compensation; unemployment benefits; aid to families with dependent children; aid to the blind, aged, and disabled; temporary disability; general assistance; certain ...

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.

Act quickly to prevent wage garnishment You can file a Claim of Exemption any time after wage garnishment has started, but you'll only get wages back from the time after you submit the claim. If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.

Federal exemptions The bank must review your account and protect two months' worth of direct-deposited benefits before freezing or garnishing any money in the account. You may also claim this federal exemption for up to two months' worth of federal benefits if you deposit them by check.

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.

The other 75% of your earnings and any other income that can't be garnished by a creditor is considered exempt. In Louisiana, other exemptions include Social Security benefits, unemployment benefits, and worker's compensation, among others.

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