I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?
Edit: Mark,... Read more »
No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... Read more »
My chapter 13 bankruptcy case is now closed and final disbursements were made. I am receiving a refund due to overpayment. My case status still says "discharge recommended" so at what point will I receive my discharge letter?
Generally 30-60 days.
My job put me on layoff a week before the shutdown here in Michigan and now our shop is closed like many others. My husband is still working as he is a mechanic but that is a unknown as to how long that will be as its based on business and if there isn't any then he wont be working. So with not... Read more »
You're probably in luck! Sect. 1113 of the CARES Act, which was just passed by the Senate, says the definition of “income” in the Bankruptcy Code for chapters 7 and 13 will exclude coronavirus-related payments from the federal government from being treated as “income” for purposes of filing... Read more »
The money that was in my account was to file bankruptcy, all the courthouses are closed to the public due to the Coronavirus. Everything I had was in my account, now I have no money for rent, food, my car. Is there any way to fight this during a national emergency?
You can still file a bankruptcy. Bankruptcy courts are still operating electronically.
How about bankruptcy? I am completely bankrupt to even pay to file for it. I have many other legal issues if bankruptcy isn't your forte.
Contact you local bar association or legal aid society. They maintain lists of attorneys who offer pro bono or reduced fee legal services
How soon after this status are my wages released so I can receive normal, ungarnished paychecks again?
Probably 4-6 weeks.
No attorney-I’m on disability fix income can I qualify for hardship discharge? Homestead exemption what does it do?
Do you have an attorney? If so talk to that person. If not you need to supply much more information.
Your local bar association or legal aid society.
Can I go to jail for not paying my criit card debt
No.
The interest rate gradually decreases month by month as you make your timely monthly payments.
Should be 2-3 weeks once discharge is granted.
How long does it take to reestablish yourself after a chapter 13 bankruptcy discharge such as being able to get credit, loans, a home purchase or a vehicle?
Most of it will be immediately available, however, beware the interest rates because many will be excessive.
How soon after Chapter 13 discharge will federal student loan balances be reinstated and expecting payment?
60-90 days.
My checks have been garnished since the beginning of my chapter 13 plan and my payments have been paid timely. I am on my last payment for the last creditor that has to receive payment. At what point can I expect to have the income withholding ended so I can receive my full paycheck again?
Within a couple weeks, normally.
It's been 39 months my case has been receiving payment and I only have one last payment to go. My case status says interim review Z and I was wondering what that means?
Simple trustees review for payments and compliance. Pay that last payment and get out ASAP.
The reason I filed is contractors destroyed our house making it unsafe. we fell behind on bills and had to file to avoid losing house. The trustee stated that my house is worth more than I stated; however I informed her about the damage and the amount to fix it. House is now in possession of bank.... Read more »
This is too complicated and the facts too sparse for effective discussion in this forum, and you should consult with an attorney, privately, so that the advice you received is confidential. You may be able to file a motion to compel the trustee to abandon the property, but to do so would probably... Read more »
My Chapter 7 has been reopened due to receiving assets, the judge ordered trustee to file final report on June 1, 2019 but I havent gotten any information since then and the status of the case is still "awaiting trustee's report"
There is not usually a deadline, and the order is unusual. It is probably up to you to enforce the order, and ask for the court to impose a consequence.
Yes
If that's true, in reality it is counted as income that can pay creditors, which can exclude us from Ch 7 if the SSDI is too high. If that's incorrect or only partly true, can you please explain how SSDI is handled? Many thanks.
Social security benefits are not counted against the debtor as income on the Chapter 7 means test. The question for the governmental benefits line item on Form 122 expressly says not to include social security.
On the other hand, if you are asking about Schedule I (the monthly budget done... Read more »
So ssdi is not included the means test but may kick us into chapter 13 if it's considered excess income in the budget section, right?
If you're asking if SSDI is counted as income for purposes of the Current Monthly Income (CMI) number, the answer's no. It's not counted against you as income on the means test.
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