anyone getting payment taken out of paycheck?

[forgotten]

Pardon my being direct, but are you sure you are a BK attorney? What you state is incorrect. There are many districts that require wage orders as ours when we filed. However, with a good reason and a good attorney, one can get out of it as we did.

I can't imagine many lawyers know all the different local standards and local rulings. I wouldn't think it would be that important to know how districts outside of your area operate. I'm not saying it wouldn't help if you need to fight something or push for something...

Most of the lawyers in my area I met with didn't even learn the "new" 2005 laws (very well). I was getting frustrated how many were feeding me information that I knew to be incorrect.

Heck, I see one of top medical specialists in the area and I told him something medical related he didn't know (very minor), he thanked me my next visit as he looked it up and learned something new.

Nobody knows everything.

[Flamingo]

Some might call it "directness" but I think "rudeness" or "abrasiveness" would be more apt terms. It first appeared when you accused me of being here to troll for business.

But yes, I'm quite sure. Other than having filed for bk yourself, and having worked next door to a firm that practiced bankruptcy law, what are your qualifications or sources of expertise?

If a wage order is required in a district, it's because the JUDGE requires it, or the JUDGE has interpreted the code as requiring it and has a standing order. The trustee doesn't require it. The trustee doesn't have that authority. Many people attribute powers to the trustee that he does not have. The trustee, for the most part, is merely a litigant for the unsecured creditors. Maybe that's too fine of a point for you.

I see others have corrected you also as to the district requiring payroll deductions and not only when debtors miss payments. It's just that you made it a blanket statement when it's something that may be done in your area/district and not elswhere. Just search this forum for all the payroll deduction postings over the years to see how it is required by various districts all over the country. I'm not stating this to be rude or anything and understand your reasoning and that you maybe do not practice law or file BKs in other states but it is a district thing and posters need to know that.

I am not an attorney and have no reason to defend myself on here or publicize who I work for and with. The above as to districts is basic public knowledge.

Your initial postings were brought to my attention by other posters and that is why you were questioned/watched at first...nothing more. Others have come on here similarly trolling for business and it eventually comes out if that is true. I have no issues with your postings that I have read (some are marvelous) but even if you were any other poster posting what you did, I would have replied the same. So hopefully you will see my point there.

It is not my plan to hijack this thread so it needs to go back to it's original subject matter as to wage orders.

[justbroke]

I believe that if I were not on a Wage Deduction Order, I would have missed a payment or two. I know that the first two payments, I scrambled to do because I get paid semi-monthly, and the payment due dates are right up against my payroll dates. Combine that with needing to send in certified funds... makes it quite difficult for anyone to stay current. The first two payments were sent USPS Express Mail. It was good too, because I wanted delivery confirmation anyhow.

In my opinion, a wage deduction order is a good thing and has kept many debtors from defaulting on their Chapter 13 Plan.

[MSbklawyer]

I see others have corrected you also as to the district requiring payroll deductions and not only when debtors miss payments. It's just that you made it a blanket statement when it's something that may be done in your area/district and not elswhere. Just search this forum for all the payroll deduction postings over the years to see how it is required by various districts all over the country. I'm not stating this to be rude or anything and understand your reasoning and that you maybe do not practice law or file BKs in other states but it is a district thing and posters need to know that.

I am not an attorney and have no reason to defend myself on here or publicize who I work for and with. The above as to districts is basic public knowledge.

Your initial postings were brought to my attention by other posters and that is why you were questioned/watched at first...nothing more. Others have come on here similarly trolling for business and it eventually comes out if that is true. I have no issues with your postings that I have read (some are marvelous) but even if you were any other poster posting what you did, I would have replied the same. So hopefully you will see my point there.

It is not my plan to hijack this thread so it needs to go back to it's original subject matter as to wage orders.

Fine. No hard feelings. Bygones are bygones. Forgive and forget.

Now if you'll kindly pucker up, I am going to give you a big ol' cyber-smooch right on your virtual lips, and we can call ourself 'kissed and made up'. Ok?

(You are female, right? If not, substitute a big ol' cyber-handshake and a pat on the back for the aforementioned smooch.)

[MSbklawyer]

Combine that with needing to send in certified funds...

Your trustee requires certified funds? The ones here will take money orders from the post office. Anything really except personal checks or cash.

[justbroke]

Your trustee requires certified funds? The ones here will take money orders from the post office. Anything really except personal checks or cash.

Well, maybe they'll take a money order, but I went to the Bank and got Bank Checks each time. I didn't want to get in trouble.

[andy158]

Mine started 30 days after filing. Made the first payment with a money order. Trustee wanted to split the payments between mine and wife's paychecks. Her income is not consistent, so the lawyer moved to have the entire payment taken from mine bi-weekly. I like it this way. However my company charges me a $2 service fee for doing the garnishment each pay.

[forgotten]

My trustee will take anything that can be mailed.
Personal check, bill-payer check, cashiers check, money order. It goes to a TN lockbox too.

If you have 2 checks returned for NSF over the life of your plan you have to send certified funds or use payroll deduction after that.

[Flamingo]

Fine. No hard feelings. Bygones are bygones. Forgive and forget.

Now if you'll kindly pucker up, I am going to give you a big ol' cyber-smooch right on your virtual lips, and we can call ourself 'kissed and made up'. Ok?

(You are female, right? If not, substitute a big ol' cyber-handshake and a pat on the back for the aforementioned smooch.)

Cyber-smooch and cyber-hug right back at ya!!!!

[TooMuchCredit]

I believe that if I were not on a Wage Deduction Order, I would have missed a payment or two. I know that the first two payments, I scrambled to do because I get paid semi-monthly, and the payment due dates are right up against my payroll dates. Combine that with needing to send in certified funds... makes it quite difficult for anyone to stay current. The first two payments were sent USPS Express Mail. It was good too, because I wanted delivery confirmation anyhow.

In my opinion, a wage deduction order is a good thing and has kept many debtors from defaulting on their Chapter 13 Plan.

I've been using my Bill Pay service to send in my payments. I send 1/2 each paycheck as I get paid bi-monthly. In my district as long as no personal check is returned, they are accepted otherwise you have to send certified checks. But initially you are told you must do wage deduction unless you meet special circumstances.

[TBLTZ]

I have a question about the manatory deduction. Did you tell your company or are they contacted? Also how did your compaines feel about your deduction? Did they know there was a deduction because of a chapter 13? I would be scared to tell my company.

[justbroke]

I have a question about the manatory deduction. Did you tell your company or are they contacted? Also how did your compaines feel about your deduction? Did they know there was a deduction because of a chapter 13? I would be scared to tell my company.

Wage Deduction Orders are sent by the Court or U.S. Trustee to your employer. They are signed by the Judge. They are sent either to your payroll department or legal counsel for the company.

The Order contains information stating that the employer can take no action regarding the wage deduction by law. Here's an actual paragraph from that Order:

The employer is enjoined and restrained from discharging, terminating, suspending or discriminating against the above-named debtor/employee on account of the filing of the Chapter 13 Petition of this Chapter 13 Wage Deduction order, for to permit otherwise would render this wage-deduction order a nullity; in the event of discharge, termination or suspension of or discrimination against this debtor/employee for any reason whatsoever the employer is further ORDERED TO NOTIFY the Trustee of the discharge, termination, suspension, or discriminatory action, and the specific reason(s) therefore.

[DUMBAGAIN]

I did go to my HR department a few months back and chatted with someone about my sitution. I was told "you would be surprised" how many folks we have in this same situation. I was told no big deal, that only the payroll department would be aware, and I work for a very large company, so I don't know anyone personally in that area, so as far as work goes it was not a problem for me. Now my husband works for a small family owed business, and we did not want them to know, so we are having the entire payment taken out of my pay.