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    Making payment for 13

    Hi everyone, when you have to make the payment on a bk 13 do they take it directly out of your pay check? I hope not cause I don't want my hubby's company to know about the BK. We live in NJ

    #2
    I'd like to know that myself - we have been sending in a personal check since our plan started in April but not yet confirmed - probably a few months before that will happen - and maybe our payment form will be different then... not sure

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      #3
      In Texas, you have to sign a form granting permission for wage garnishment. There are laws that his company can't discriminate against him for filing BK. Some trustees require wage garnishment while others don't. Mine WILL be taken directly from my check which I am appreciative of, as lack of responsibility when it came to bugeting and sending payments is what got me into this mess. lol
      Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
      Motion to Discharge: FILED!! 08/07/13
      60 down/0 to go \m/(*.*)\m/ 100% complete!

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        #4
        We had ours taken directly from DH's check, bi-weekly, until he changed jobs. We did everything we should have, but they never took it out at his new job. We now mail in a money order every two weeks. The lawyer says it is fine as long as the trustee is getting it.

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          #5
          it depends on your trustee. My trustee only accepts payment via money order/ cashier check or wage garnishment via payroll deduction. No checks, internet wire transfers.. I didn't want my company finding out, so I'm mailing payment to a PO Box in every month for the next 54 months..

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            #6
            Good question, we just filed and have to make our first payment in August but I'm guessing it won't be until our 341 that something like a garnishment would be forced? Can you specify whose paycheck you want garnishment from? I work for a large company but our local office has a major gossip queen who gets all the mail so I'm hoping I can send them directly to our payroll office in another state. I'm hoping I'll have the opportunity to specify that we want the garnishment from my paycheck and be able to direct them where they'll need to send the garnishment form at my company.

            I agree as much as garnishment can be embarassing if the wrong person finds out, it's so much easier. I have a feeling going to get money orders every two weeks or every month and getting it sent off would be an issue for me - I'd rather know that it's taken care of and I don't have to worry...
            Last edited by becky20; 07-16-2008, 03:07 PM.

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              #7
              Our payment was set up as a garnishment out of DH's paycheck as soon as we were confirmed. Yeah, it was pretty embarassing for DH to advise his boss about the bankruptcy, but it has worked out great! I don't have to worry about the payment getting to the trustee every month and his boss has been absolutely wonderful about the entire situation. Just my thoughts......
              sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

              Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

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                #8
                Each Ch 13 trustee decides how he/she will accept payments. Some are pretty flexible - they accept personal checks, money orders, automatic bank payments, and automatic wage 'garnishments'. Others are very rigid and only allow one method - most rigid trustees only allow automatic wage withdrawals set up typically with one spouse's employer.

                It's good to be thinking ahead now about what you are going to do if your trustee turns out to be one of the more rigid ones. Hope that doesn't turn out to be the case! Your lawyer can tell you what to expect with your Ch 13 trustee.
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

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