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    Payroll deduction?

    I was looking on the 13datacenter website and noticed it has our plan payment in the "payroll deduction" field. I haven't been told we would have it deducted, nor has either of us notified our employers. Is this something the court will send on it's own? My husband was not happy with the notion of having to tell his HR dept. about a BK. I on the other hand don't care, but he is the breadwinner. My lawyer hadn't mentioned this either so Im not sure if we are able to send the monthly payment or what?

    #2
    Originally posted by sassiebaz View Post
    I was looking on the 13datacenter website and noticed it has our plan payment in the "payroll deduction" field. I haven't been told we would have it deducted, nor has either of us notified our employers. Is this something the court will send on it's own?
    yes, generally the Trustee will ask for a Motion for Wage Deduction Order. This allows the Trustee to have the payments taken directly from the employer.

    Originally posted by sassiebaz View Post
    My husband was not happy with the notion of having to tell his HR dept. about a BK.
    No choice. In many Districts, this is mandatory and is fully within the discretion of the Trustee. It does require a Court Order though.

    Originally posted by sassiebaz View Post
    I on the other hand don't care, but he is the breadwinner. My lawyer hadn't mentioned this either so Im not sure if we are able to send the monthly payment or what?
    Talk to your lawyer. Ask him if wage deductions are mandatory in your District.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      when I look at the data center mine says "payroll deduction" too, but I send a check every month. Hopefully yours is the same?!
      Chapter 13 - 22 months left!
      100% to unsecured
      $1580 per month!
      plam modified $875 per month!!!!!!!

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        #4
        Originally posted by sassiebaz View Post
        I was looking on the 13datacenter website and noticed it has our plan payment in the "payroll deduction" field. I haven't been told we would have it deducted, nor has either of us notified our employers. Is this something the court will send on it's own? My husband was not happy with the notion of having to tell his HR dept. about a BK. I on the other hand don't care, but he is the breadwinner. My lawyer hadn't mentioned this either so Im not sure if we are able to send the monthly payment or what?
        Our Bk is payroll deducted ( actually it says wage order) Hubby did not have to tell HR or payroll anything, they were contacted by the trustee. As far as we know, no one knows about it but payroll. By law, Hr and payroll depts are not allowed to tell anyone about our BK. I am like your hubby...I don't want anyone to know. I haven't even told our family!!

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          #5
          sassie...you are in AZ right? Maricopa county?

          My lawyer said we did not have to do the payroll deduction...it was not mandatory with our trustees. but I a guessing that this has to be requested.

          did you discuss with your attorney? I am curious since I am in AZ too.

          thanks

          Filed July 09
          Confirmation - June 2010
          Final Payment - June 2014 - 7/2/14 DISCHARGED

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