What to do if we filed Chapter 13 and my employer is deducting the monies from my paycheck but it is not making all the payments?

Now we are about to be in default because we are approximately $5000 behind. What recourse do we have?

Asked on August 29, 2014 under Bankruptcy Law, Ohio

Answers:

Greg Wiley / Law Office of Greg Wiley PLLC

Answered 6 years ago | Contributor

First, if you have a lawyer, you need to contact your lawyer.  That is a good reason to have one. 

I am unsure I understand what you are asking.  You employer is taking the money but not sending it to the trustee.  You need to contact the employer about that.  If the truste has filed a Motion to Dismiss, you need to object to the motion.  Some districts allow you to modify your plan to get you current.

You realy need to discuss this with your attorney.  Chapter 13 is a very difficult process and should not be left to a Pro Se debtor.


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