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VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
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Experience:  Chapter 7 & 13
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I have until June 2009 until my Chapter 13 is completed. I

Customer Question

I have until June 2009 until my Chapter 13 is completed. I want to relocate to be near to my family in NC. I reside in PA. The lawyer who I originally hired to represent me is no longer representing me. I called the bankruptcy court to inquire how I could change the court order from my present employer to my new employer. It is very complicated for a lay person to complete the motion. I can not afford to pay a new attorney at this time. What would happen if I moved before filing the motion to change employers? Would my Chapter 13 go into default? Thank you. SBD
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 6 years ago.

HelloCustomer

 

I will be happy to assist you. In a Chapter 13, you are free to change employers. You need to let the court know the name and address of your new employer. Until such time that the paperwork is completed, just keep making the payments. As long as you are current on your payments, your Chapter 13 will not be dismissed.

 

 

Customer: replied 6 years ago.

The bankruptcy court told me I would have to file the motion first because it is a court order. I would be joyous if I could just mail them the payment every two weeks.

Expert:  VanDLaw replied 6 years ago.

When you say court order you mean because they take the money directly out of your wages? What bankruptcy court are you in?

 

The problem you would have is that once you changed employers the money would stop, so it would "appear" that you are no longer paying.

 

Typically with income deduction orders when you change employers, you 'amend' the order to reflect the new employer. I still don't see how a motion is needed here. A motion is asking the court to approve or disapprove. They cannot disapprove you changing jobs! Call the BK court again and ask if an amendment can be submitted to reflect the new address of the employer, and in the meantime if there is a lag you will keep making payments.

 

Other than this you may have to get an attorney back into it. It shouldn't be this complicated as people change jobs often in five years, I have never submitted a motion to change employers.

VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
VanDLaw and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Yes, I wanted it taken directly out of my wages. I am in US Bankruptcy Court of Western Pennsylvania located in Pittsburgh under Judge Judith Fitzgerald.
Expert:  VanDLaw replied 6 years ago.
OK I checked and that court does have a "Motion to Change Payee". It shouldn't be that complicated, but to keep things clear I would prepare it and submit it. I know that is easy for me to say as an attorney! I would ask the Court for the Motion to complete. I looked and couldn't readily find one on the website. It is straightforward, you need your new employer in place of your old one. However, if you make the payments in the meantime you should be fine. The important thing is to not miss one payment, the rest is just paperwork to get the new order in place.

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