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    A couple of questions from a newbie.

    My wife and I filed chapter 13 a couple of weeks ago.
    Our attorney seems to be handling things okay, but his office isn't very good about answering our questions.
    I guess I should have bought a book for dummies on bankruptcy.

    I learned yesterday that the trustee will be garnishing my paychecks. I just started with a new employer, so I am wondering if the garnish (or whatever they call it) amount will state that it is for a chapter 13 payment plan? I realize legally the employer can't do anything against me, but I'm still worried about impressions.

    Also the first couple of payments to the trustee handling our case may involve getting a cashiers or money order. I can't remember, but do both of those require the bank filling in who the check is written to? This concerns me since the trustee wants it written on the check "chapter 13" and the case number. Since starting bankruptcy proceedings we changed banks and our current bank is not aware of our filing. We don't owe any debt to them.

    I have my days where I convince myself that things are going to be okay, but then when the finer details come up I start to worry again.

    #2
    I have always paid with money order. I filled it in at my bank. However a cashier's check was filled in by the teller. Go go Walmart to buy the money order and fill it out yourself.

    As to the wage order, if it is required, you might want to let payroll know ahead of time. Most payroll ladies I know are nice and don't talk about personal business. Hopefully your company has one of those. GL

    Comment


      #3
      Hello Triwolf,
      I can't tell you if the garnishment will state bankruptcy trustee on the paycheck stubb since due to my 1/month pay schedule the trustee is letting me send in monthly money orders.
      At first I got the money orders from my bank and the money orders much like checks with only the amount filled in. I complete it with the Trustee's name, my name and address and the case number - something like #13:08-#####. I don't write Chapter 13 on it. I never had any reaction from the bank about the cancelled money orders.

      But for a couple of small money-saving details - now I buy my money orders from Wal-Mart for $0.46 each rather than $2.00 from the bank. I swipe my bank debit card for the Trustee payment and the 46 cents, fill in the money order and mail it certified, return receipt requested. Oh, and you can request a email receipt and save a couple of dollars there too.
      Good luck with your Ch 13. This will be payment #23 down and 37 to go!

      Comment


        #4
        Originally posted by triwolf View Post
        My wife and I filed chapter 13 a couple of weeks ago.
        Our attorney seems to be handling things okay, but his office isn't very good about answering our questions.
        I guess I should have bought a book for dummies on bankruptcy.

        I learned yesterday that the trustee will be garnishing my paychecks. I just started with a new employer, so I am wondering if the garnish (or whatever they call it) amount will state that it is for a chapter 13 payment plan? I realize legally the employer can't do anything against me, but I'm still worried about impressions.

        Also the first couple of payments to the trustee handling our case may involve getting a cashiers or money order. I can't remember, but do both of those require the bank filling in who the check is written to? This concerns me since the trustee wants it written on the check "chapter 13" and the case number. Since starting bankruptcy proceedings we changed banks and our current bank is not aware of our filing. We don't owe any debt to them.

        I have my days where I convince myself that things are going to be okay, but then when the finer details come up I start to worry again.
        As to your attorney; BK attorneys are SWAMPED right now so anyone reading this, if your attorney is slow getting back to you, it's because you are not the only one filing. Business for them is booming right now, along with repo businesses and anything associated with foreclosures (i.e., people that clean foreclosed houses).
        As to your garnishment situation; your HR Dept./Payroll Dept. will receive notification from your BK court (yes, it will indicate what is for) with instructions from the court to set up deductions from your paycheck. It would not hurt to contact someone in your payroll department ahead of time and advise them that will be coming; confidentiality laws prevent them from saying anything to anyone outside of Payroll/HR of your wage order; however, there may be indication of it put in your employee file since it is payroll related. You may want to approach your attorney and see if you would be allowed to make payments directly to the trustee due to your new job situation; our state requires payments to be garnished but I had the same situation as you as I started a new job the day after our 341 hearing and was terrified it would hurt me in some way and my attorney I guess contacted the Trustee cause we were allowed to send in certified checks (got them free at our bank as they are part of our checking account package with the bank). After going through this and working with HR folks at previous jobs, payroll depts./HR Dept.s deal with garnishments all the time (child support, collections, bankruptcy). It's just part of their job to set it up. I would not stress about it and no one except someone in Payroll or HR will know about it. You are probably not the only one having something garnished out of a paycheck where you are employed.

        You will get over your worry as to someone finding out as time goes on and you will find out that no one really cares.
        Last edited by Flamingo; 12-04-2008, 05:24 PM. Reason: Word removal/font change
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

        Comment


          #5
          Thank you all for the advice.
          It looks like I'll be making a trip to Walmart for a money order and perhaps have conversation with the payroll guy at work.

          Thanks again.

          Comment

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