Madison, WI asked in Bankruptcy for Wisconsin

Q: Nearing the end of my Ch13 plan and want to avoid overpaying. May I request to end wage garnishment one month early?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes.

J. David Krekeler
J. David Krekeler
Answered
  • Bankruptcy Lawyer
  • Madison, WI
  • Licensed in Wisconsin

A: Yes, but the trustees here in Wisconsin likely will not want to stop the wage assignment. They prefer to refund any excess amount paid.

This makes good sense from an administrative perspective. If they stop the wage assignment and you in fact still have a small balance, the trustee has to make an effort to reinstitute the assignment. It is far more efficient for them to issue a refund if in fact you overpay.

Your attorney could bring a motion to have this done, but the cost would almost certianly be more than anyone would want to pay simply to get the money a few days or weeks sooner.

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