Can the bankruptcy court attacha wife’s wages for her husband’sshare of payments owed to a trustee?

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Can the bankruptcy court attacha wife’s wages for her husband’sshare of payments owed to a trustee?

Personal bankru[ptcy filed by both of us. 1/2 of required payments are coming out of each parties pay. Bankruptcy trustee takes husband’s share of payments from his job.  Husband has now quit his job, possibly to avoid paying his half of debt.  We are in the process of divorcing.

Asked on October 1, 2010 under Bankruptcy Law, Pennsylvania

Answers:

Jonathan Stanwood / Law Office of Jonathan H. Stanwood, LLC

Answered 11 years ago | Contributor

Probably not.  The bankruptcy court does not attach wages.  In a chapter 13 each debtor contributes to the trustee to fund the plan.  If enough payments are missed, the trustee moves to dismiss the case for failing to abide by the terms of the plan.


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