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Employer Witholding Question

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    Employer Witholding Question

    Hi there! Please can anyone help me with this??

    My chapter 13 bankruptcy is on strict compliance and my employer is withholding my checks. They just got my case dismissed because they are not sending the checks every 2 weeks like the court order says. They have skipped months and don’t take my situation seriously because I’m the only one they’ve ever had employee in this type of situations.

    my case just got reinstated after my lawyer explained everything to the judge. Can I do anything to hold my employer accountable for not sending my money but instead just accumulating thousands of dollars in my checks and sending it whenever they find convenient? They are disregarding a court order to pay I just don’t understand how they can do this.

    #2
    Ultimately, payment is your responsibility even if your employer messes up. It's tough for most small employers to deal with wage orders (such as child support and others). I don't know why the Trustee moved for dismissal rather than seeking an order from the court compelling the employer to comply with the Wage Deduction Order.

    What I would have done is ask the court to rescind the Wage Deduction Order and allow you to pay the Chapter 13 Trustee directly... until such time you mess up and then try to go back to the Wage Deduction Order.
    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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