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Can the trustee take 25% of earned but unpaid wages on filing day for a 13/

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    Can the trustee take 25% of earned but unpaid wages on filing day for a 13/

    I had a Chapter 7 in 2004 and my attorney said the trustee could not only take anything in your account over $150, but the trustee is also entitled to 25% of earned but unpaid wages. Do they do this on a chapter 13?

    #2
    Originally posted by person197 View Post
    I had a Chapter 7 in 2004 and my attorney said the trustee could not only take anything in your account over $150, but the trustee is also entitled to 25% of earned but unpaid wages. Do they do this on a chapter 13?
    Is this a hypothetical question (you are just wondering) or do you think you may have to file Ch 13 soon because you can't file Ch 7 again until 2012?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      I plan on filing

      I plan on filing a 13 soon but haven't had a chance to ask my current attorney. I was wondering if this is still the case (the unearned wages)? Last time I had to file closer to payday to avoid this.

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