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Wage garnishment from my company: will it affect if I go 36 or 60 months?

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    Wage garnishment from my company: will it affect if I go 36 or 60 months?

    So my company is garnishing my wages for an unpaid Amex. It'll go until July. This puts me under the means whereas i am over the means without the garnishment.

    If I file during this period, will I qualify for 36 months?

    #2
    The wage garnishment is an unsecured debt payment, the amount of the garnishment would not be considered for the means test since as soon as you file it would stop and be included in the bankruptcy.
    Filed CH13 - 06/2009
    Confirmed - 01/2010

    Comment


      #3
      Further, it's not the means test that determines whether you'd be on a 36-month or 60-month plan. It's based solely on median income. If you're under median = 36 months, if you're over median = 60 months, regardless of means or dmi.

      That said, some who qualify for 36 months end up in a 60-month plan, but not the other way around...
      Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
      0% payback to unsecured creditors, 56 payments down, 4 to go....

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        #4
        Originally posted by momofthree View Post
        Further, it's not the means test that determines whether you'd be on a 36-month or 60-month plan. It's based solely on median income. If you're under median = 36 months, if you're over median = 60 months, regardless of means or dmi.

        That said, some who qualify for 36 months end up in a 60-month plan, but not the other way around...
        Excellent point.
        Filed CH13 - 06/2009
        Confirmed - 01/2010

        Comment

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