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    does this make sense?

    Hello,

    when discussing details on CH13 with my lawyer, he mentioned that my payment would be taken directly from my check, similar to child support payments. I was hoping to avoid informing my employer. We are a tight knit company and I didn't want my BK to become gossip.

    any insight would be greatly appreciated. I live in PA to give this some regional context.

    #2
    RAnthony83, hopefully someone more familiar with the rules in Pennsylvania will chime in, however, from what I have read, yes, in your state you will need to submit to a wage assignment.
    Latent car nut.

    Comment


      #3
      In some districts, it's mandatory to have what is known as a "wage deduction order." You can only ask your attorney whether or not the Chapter 13 Trustee will allow direct payments. With direct payments, no Chapter 13 Trustee will allow paper checks. Some Chapter 13 Trustees in Florida have relationships with SunTrust (Truist) which has a special payment portal for bankruptcy trustees. I was able to pay through that, but also I was able to establish a repeating ACH (electronic withdrawal) through the Trustee. In that way, the wage deduction did not appear on my paycheck. In fact, having it withdrawn from your bank removes a layer and is easier for the Chapter 13 Trustee.

      Even though they did the ACH withdrawals, they would return any "electronic" check that you may have sent to the Trustee. The only acceptable "electronic" payments were via SunTrust or the Trustee's automated withdrawal process.

      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.

      Comment


        #4
        Originally posted by justbroke View Post
        Even though they did the ACH withdrawals, they would return any "electronic" check that you may have sent to the Trustee. The only acceptable "electronic" payments were via SunTrust or the Trustee's automated withdrawal process.
        Apparently I "got away with one"; I mailed a postal service Money Order for my first 12 payments and then tried having an "electronic" check sent from my (then) bank (which was Bank of America); my final 49 payments (one extra due to a large tax return) were all done via a check from my bank.
        Latent car nut.

        Comment


          #5
          Some Chapter 13 Trustees are must more forgiving. My first trustee was strict (payroll deduction only), but the second one allowed (Trustee/Suntrust) initiated ACH withdrawals and automatic payments. I understand why each allowed or didn't allow certain payments (NSF and related fees).
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.

          Comment


            #6
            Originally posted by RAnthony83 View Post
            Hello,

            when discussing details on CH13 with my lawyer, he mentioned that my payment would be taken directly from my check, similar to child support payments. I was hoping to avoid informing my employer. We are a tight knit company and I didn't want my BK to become gossip.

            any insight would be greatly appreciated. I live in PA to give this some regional context.
            I have used the TFS website to make my chpt 13 payments for over 3 years and it works great! It is just between you and TFS. Here is the link: https://www.tfsbillpay.com You set up your account, it comes right out of your bank account, and goes straight to your trustee. They have great records of everything right there for you. It is totally ligit, ask anyone here. Check it out now!

            Comment


              #7
              It really sounds like it depends on the state or the trustee. We only paid the first payment online and then had to sign up through our payroll. That was all handled through the trustee or court somehow. I did not have to talk to anyone to set it up. Our payroll is done off site and we know the lady's name who handles it, but don't really have contact with her. I was glad it went straight to our payroll dept and not through anyone in the building where I work.

              Comment


                #8
                Originally posted by justbroke View Post
                Some Chapter 13 Trustees are must more forgiving. My first trustee was strict (payroll deduction only), but the second one allowed (Trustee/Suntrust) initiated ACH withdrawals and automatic payments. I understand why each allowed or didn't allow certain payments (NSF and related fees).
                Hi, justbroke, I hope you donkt mind but I wanted to post this post with yours because I know people read your posts and I thought this was important enough to leave here. A FYI, my chapter 13 finally closed on the 15th of this month. I gave almost all of my inheratance money to the trustee to close it (10% to a 100%), but I know my mom and dad would be and are proud of me for dong it the right way, I know I am and thank you justbroke for everything these past 4 years. God Bless!

                I have used the TFS website to make my chpt 13 payments for over 3 years and it works great! It is just between you and TFS. Here is the link: https://www.tfsbillpay.com You set up your account, it comes right out of your bank account, and goes straight to your trustee. They have great records of everything right there for you. It is totally ligit, ask anyone here. Check it out now!

                Comment


                  #9
                  lukesky - Congratulations!! I’m so glad your case closed!! Enjoy your new financial freedom!!!
                  Filed Chapter 13 - 07/20/12
                  Discharged 8/2/16

                  Comment


                  • lukesky
                    lukesky commented
                    Editing a comment
                    Thank you so much sophieanne and for being there over these last 4 years!!! Free!!!

                  #10
                  lukesky - I know you probably feel differently, but I can’t believe how fast the past 4 years went! I wish you all the best going forward 😊
                  Filed Chapter 13 - 07/20/12
                  Discharged 8/2/16

                  Comment


                    #11
                    lukesky - Congrats on completing your plan. I remember when you came on board about one year after me, and I was envious of your (at the time) 3 year plan, while I was resigned to the 5 year purgatory option. It's been quite the journey, but you're now done and I'm exactly 4 months away from finishing my plan. Here's to a bright future!

                    Comment


                    • lukesky
                      lukesky commented
                      Editing a comment
                      Thank you VolFan, I appreciate the kind words. A long 4 years and 2 months for a 36 month plan that was at 10% then jumped to 100% when I got my inheratance. I did the right thing with that and I am very proud of my self and I know my parents would be also. God Bless !

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