03 Aug How much can Bankruptcy Court garnish from my paycheck?
A Bankruptcy Court garnishment can be as high as you want it to be. There is no limit on the amount a Court can take from your paycheck because the federal limit on paycheck garnishment does not apply to chapter 13 payments.
The amount of the garnishment is selected by the debtor, who submits a written plan informing the court how much money to deduct. The Court merely takes that amount and issues a wage deduction order to the employer, based on the exact amount submitted by the debtor.
Bankruptcy practice varies across the country. Additional information on garnishment can be found in Susanne Robicsek’s article Chapter 13 Wage Garnishment Is Not Required By Bankruptcy Law.
Andy Miofsky, Esq.
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