QUESTION
Whose check gets garnished if me and and my are both working and filed a Chapter 13 bankruptcy?
Asked on Nov 08th, 2013 on Bankruptcy - Arkansas
More details to this question:
My wife and I have separated for 3 months. (Still married) We are filing chapter 13 and the payments will be garnished by the Trustee. We both work. Who's check gets garnished?
8 ANSWERS
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Whichever check you told your attorney to use.
Answered on Nov 13th, 2013 at 5:50 AM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Generally, your check does not get garnished unless you do not make your payments on time.
Answered on Nov 12th, 2013 at 1:11 PM
That is a decision you must make between the two of you. After all, you voluntarily filed Chapter 13, so you need to make this decision. The Trustee doesn't care who pays as long as someone pays.
Answered on Nov 12th, 2013 at 1:10 PM
2 Awards
Ordinarily you will sort that out with the trustee at the time of your plan confirmation. Both checks can be garnished in whatever amount you authorize.
Answered on Nov 12th, 2013 at 1:09 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Checks don't get garnished by a Chapter 13 Trustee. Talk to your attorney for more information.
Answered on Nov 12th, 2013 at 1:09 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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You get to pick how much comes from each check, all from one, just once a month, and more. You can customize it typically.
Answered on Nov 12th, 2013 at 4:38 AM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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It depends on you. In general, it can come out of either or both. The amount just needs to come out to an equal amount of the plan payments.
Answered on Nov 12th, 2013 at 4:38 AM
Todd A. Van Es
The Chapter 13 Plan issued before the court should state who is making the payment and where the payment originates, if an employer. It could either be a split payment or either of you paying the full amount. If you don't know who is making the payment, you need a different bankruptcy attorney.
Answered on Nov 12th, 2013 at 4:33 AM