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Order To Employer To Deduct And Remit Portion Of Debtors Earnings For Voluntary Payment Of Debts (Ch 13) Form. This is a Georgia form and can be use in Bankruptcy Court Federal.
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Tags: Order To Employer To Deduct And Remit Portion Of Debtors Earnings For Voluntary Payment Of Debts (Ch 13), F64, Georgia Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
Northern District of Georgia
In Re: __________________________________
SSN: xxx-xx-_____
Case No: ____________________
("Debtor/Employee")
To:
Chapter: 13
___________________________________
(Name of Employer)
___________________________________
(Street Address)
___________________________________
(City, State, Zip)
ORDER TO EMPLOYER TO DEDUCT AND REMIT A PORTION OF DEBTOR'S EARNINGS FOR THE
VOLUNTARY PAYMENT OF DEBTS
This is an ORDER of the United States Bankruptcy Court, NOT a garnishment.
The above-named D ebtor/Employee has voluntarily filed a petition and plan under Chapter 13 of the United States Bankruptcy Code
seeking to pay, in whole or in part, certain debts under the protection of this Court. These debts are to be paid by the Chapter 13 Trustee
("Trustee") from the Debtor/Employee's future earnings. Public policy requires the above-stated Employer to assist in the rehabilitation
of the Debtor/Employee to avoid a Chapter 7 liquidation. The future earnings designated to pay these debts are not used for other purposes;
accordingly, it is hereby
ORDERED that:
1.
2.
3.
4.
The above-named Employer shall implement deductions from Debtor/Employee's earned wages as follows: Employer shall
immediately begin withholding from the wages, salary, commission, and all other earnings or income of Debtor/Employee
$____________ per _____________ and remit same promptly to Trustee no less frequently than once each month, and shall
continue deductions until ordered otherwise by this Court.
Employer is enjoined and restrained from discharging, terminating, suspending or discriminating against Debtor/Employee on
account of this earnings deduction order or the filing of a Chapter 13 by Debtor, for to permit otherwise would render this order
a nullity; and in the event of discharge, termination or suspension of Debtor/Employee for any reason whatsoever, Employer is
further ORDERED to notify Trustee of the discharge, termination, suspension and the specific reason(s) therefor.
The Bankruptcy Code is a Federal law that preempts and suspends state garnishment and other collection actions against
Debtor/Employee. The automatic stay of 11 U.S.C. 362, together with other statutes enforcing Chapter 13 enjoin and stay the
continuation of any garnishment proceeding and any other acts to proceed further with that garnishment proceeding. Therefore,
if a summons of garnishment concerning Debtor/Employee has been served on Employer, Employer is enjoined and stayed from
making any further deductions from the Debtor/Employee's earnings on account of said garnishment, and Employer is ORDERED
to remit immediately to Trustee any sums already deducted and not yet paid over to the garnishment court.
This order supersedes any previous order issued with respect to the debtor's wages.
M AIL ALL REM ITTANCES W ITH
CASE NAM E AND NUM BER TO:
Chapter 13 Trustee, M ary Ida Townson, The Equitable Building, 100 Peachtree Street, Suite 2700, Atlanta, Georgia 30303-1901
(404) 525-1110 (FOR JUDGES PW B, MGD, JB)
Chapter 13 Trustee, Nancy J. W haley, Suite 120, 303 Peachtree Center Avenue, Atlanta , GA 30303 (678) 992-1201
(FOR JUDGES JEM, CRM, REB (Gainesville))
Chapter 13 Trustee, Adam M . Goodman, Suite 200, 260 Peachtree Street, Atlanta, GA 30303 (678) 510-1444
(FOR JUDGES M HM, W HD, REB (Atlanta))
DATED: _________________________
_____________________________________________
UNITED STATES BANKRUPTCY JUDGE
F64 - Employer Deduction Order (Rev. 09/20/2007)
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