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in chp 13 does your wages have to be garnished

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    in chp 13 does your wages have to be garnished

    ok...we are about to file, but I work in a financial institution and do not want them to know about it. I was told that the employer will not know unless they are a creditor also. So my question is, in reading the post it looks like wages are garnished to the trustee for payments in a lot of cases. Can we not pay the trustee ourselves? I'm in Georgia so I don't know if it varies from state to state, but what do I do about this. If I have my wages taken then the employer is going to find out. Now I know you can't get fired from this, however they can always find other reasons. Any feedback would be appreciated.

    #2
    It varies from district to district, but even in districts where it is required your attorney can request for a waiver when you file. My brother's district required garnishment but his attorney requested a waiver based on privacy at the mom and pop type business where he works and it was granted. They trustee was VERY clear that if he was ever even one day late she would notify his employer and change it to garnishment IMMEDIATELY.
    Chapter 7 Pro Se....Discharged Feb. 2006

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      #3
      Cindy is right.

      It varies by Court. Even by Trustee. Sometimes by attny.

      Some Courts operate on wage garnishment only. If you need to make the payments yourself, you'd have to ask for a waiver.

      The Trustee you draw may not require a wage garnishment, but the attny you file with may do it as a matter of practice.

      There's one attny here who won't file Ch 13's any other way. You wanna make the payments yourself, you've gotta file with another attny.

      Definitely a question to ask as you Consult around.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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        #4
        Thank ya'll so much. Getting my list of questions down so I will be prepared.

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          #5
          busbis,
          we are in the southern district of ga., and our trustee would only do it through payroll deduct.
          5/17/2006 Filed Chapter 13
          6/14/2006 341 meeting
          7/10/2006 Plan Confirmed
          9/12/2007 DISCHARGED,10/15/2007 CLOSED

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            #6
            Busbis,

            I also work for a financial institution and did not want them to know, but the trustee wanted a wage order so we have the payment deducted from his paycheck. His employer has been great about it.
            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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              #7
              I requested that I send the payments in to the trustee because of risk of job loss And have been sending my payments in each month. Had court a couple weeks ago and nothing was ever said about it so I'm assuming I'll just keep continuing making payments on my own.

              Gotta admit that it would be a lot more convenient to have a little taken out each week but with my job filing for a bankruptcy would not look very good.

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