NY filers or anyone dealing with NY

[tmkats]

How does the 10% non exempt wage thing work?

Does your employer get a garnishment order to remit 10% to someone?

I would really like to have my company NOT know that I am filing if at all possible.

Thanks

[IamOld]

NYS allows "only" 10% of NYS disposable income to be garnished NOT 25%!!!!

BUT if you're filing BK there is no garnishment!!!
If it's Ch 13 then depending on the district/Trustee there may be wage withholding...but then it would be what your plan calls for.

[tmkats]

NYS allows "only" 10% of NYS disposable income to be garnished NOT 25%!!!!

BUT if you're filing BK there is no garnishment!!!
If it's Ch 13 then depending on the district/Trustee there may be wage withholding...but then it would be what your plan calls for.

Thanks. I'm going to be filing a CH 7, but was just wondering how the whole 10% thing worked since I was reading up and the materials say that 10% of your wages are not exempt from BK.

[daylate]

I believe that in most (if not all) states, the exemptions for bk and judgments are the same. So the 10% it is talking about is how much can be garnished to satisfy a judgment. As IamOld says if you file and are discharged there will be no garnishment because you don't have to pay. Now if someone gets a judgment against you before you file, a garnishment could start until you file. Good luck.

[debee]

Thanks. I'm going to be filing a CH 7, but was just wondering how the whole 10% thing worked since I was reading up and the materials say that 10% of your wages are not exempt from BK.

The trustee can ask you to pay him/her 10% of your earned but unpaid wages for the 60 days up to the day of filing.

If you get paid every two weeks like most people, then you have a two week pay period. If you file on the first day of your pay period, there won't be much "earned but unpaid" income to worry about. Also, depending on your assets/exemptions, you can also list and exempt your earned but unpaid wages regardless of filing day.

[fiona]

Your company will not know about your filing. They have to be mentioned on the petition, though.