The Tennessee ORDER STAYING WAGE GARNISHMENTS AND DIRECTING TURNOVER of PROPERTY TO CHAPTER 13 TRUSTEE COMBINED WITH NOTICE OF THE ENTRY THEREOF (BROWN) is a court order that prevents creditors from garnishing a debtor's wages and directs the debtor to turn over a specified property to a Chapter 13 trustee. This order typically follows a debtor's filing of a Chapter 13 bankruptcy petition. It is designed to protect the debtor from creditor harassment and protect the Chapter 13 trustee from any potential lawsuits resulting from creditors not receiving payment. This order applies to all creditors that have wage garnishment orders against the debtor, regardless of when the wage garnishment order was issued. It also applies to any property that the debtor owns, including real property, motor vehicles, and personal property. The order specifically states that the debtor must turn over any such property to the Chapter 13 trustee within a specified period. There are two types of Tennessee ORDER STAYING WAGE GARNISHMENTS AND DIRECTING TURNOVER of PROPERTY TO CHAPTER 13 TRUSTEE COMBINED WITH NOTICE OF THE ENTRY THEREOF (BROWN): the Temporary Order and the Final Order. The Temporary Order is issued when the debtor files the Chapter 13 petition. It stays the wage garnishments and directs the turnover of property to the Chapter 13 trustee. The Final Order is issued after the Chapter 13 trustee has reviewed the petition and determined that the debtor is eligible for a Chapter 13 bankruptcy. This order confirms the Temporary Order and makes it permanent. The Tennessee ORDER STAYING WAGE GARNISHMENTS AND DIRECTING TURNOVER of PROPERTY TO CHAPTER 13 TRUSTEE COMBINED WITH NOTICE OF THE ENTRY THEREOF (BROWN) is an important legal document that helps protect debtors from creditor harassment and ensures that creditors receive the money they are owed.
Tennessee ORDER STAYING WAGE GARNISHMENTS AND DIRECTING TURNOVER of PROPERTY TO CHAPTER 13 TRUSTEE COMBINED WITH NOTICE OF THE ENTRY THEREOF (BROWN)
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FAQ
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).
Section 26-2-216 of the Tennessee Code establishes a process known in Tennessee as "Slow Pay." That section says that if you do not have any way to pay off a judgment against you other than your wages, you may set up an affordable payment plan through the court that issued the judgment.
The notice explains your rights, including how to object if your employer is withholding too much money from your wages. A Tennessee garnishment order is only good for six months, but a new garnishment order can be issued when the previous one expires.
As your case enters its final stages, the Chapter 13 Trustee will complete an audit of your case. This audit ensures the Trustee has paid out all necessary payments to creditors and all the required laws have been followed.
Funds that are in a Chapter 13 debtor's case when the case is. formally closed as completed that are not necessary for the. satisfaction of creditors, or funds received after a case closes as a. completed case, will be paid directly to the debtor(s).
The state mostly abides by the federal wage garnishment laws (up to 25% of your paycheck), with one addition to protect debtors: to get a garnishment in TN, creditors have to file a lawsuit. This protects debtors in a few ways: the creditors have to prove the debt in court. they have to notify the debtor.
You may apply to the court at the clerk's office shown below within twenty (20) days from any improper withholding of your wages for a motion to stop the garnishment. The court clerk identified below shall provide you with a form for making such a motion, or may have supplied a form motion on the back of this notice.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).