Victoria, TX asked in Bankruptcy, Employment Law and Tax Law for Texas

Q: My employee deducted my court ordered bankruptcy payments from my checks, but didn't send the money to the trustee.

My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be violating?

They did eventually pay majority of the withheld money to the trustee, but it was after my husband left the company. Our bankruptcy lawyer said that since the money had been paid back to us there was no loss & no reason to pursue the issue further.

Thanks in Advance,

D TURNER

2 Lawyer Answers
Mr. Chad Van Horn
Mr. Chad Van Horn
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Miami Lakes, FL

A: Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.

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

A: Hire a new lawyer, alert the trustee, and file a motion to hold him in contempt before your bankruptcy gets dismissed.

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