Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law

I have until June 2009 until my Chapter 13 is completed. I

Customer Question
I have until June 2009...
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: 9 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 15 minutes by:
10/7/2008
Bankruptcy Lawyer: VanDLaw, Attorney replied 9 years ago
VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
Verified

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.

 

 

Ask Your Own Bankruptcy Law Question
Customer reply replied 9 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.

Bankruptcy Lawyer: VanDLaw, Attorney replied 9 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
VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
Verified
VanDLaw and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 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.
Bankruptcy Lawyer: VanDLaw, Attorney replied 9 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.
Ask Your Own Bankruptcy Law Question
Ask VanDLaw Your Own Question
VanDLaw
VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
833 Satisfied Customers
Experience: Chapter 7 & 13

VanDLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Educator only: defendants filed a response in the bankruptcy
For Law educator only:Hello sir, defendants filed a response in the bankruptcy court. Can you please help me understand this one?Thanks… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Situation. My wife's ex husband is filing for bankruptcy.
Situation. My wife's ex husband is filing for bankruptcy. Chapter 7 He owes his ex wife 40000$ For her legal fees which was stated specifically because she had a need to get an education because she w… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I filed for personal Bankrupcy Ch 7 and got discharged in
I filed for personal Bankrupcy Ch 7 and got discharged in Jan 2017(in Illinois) I need a proof of my Bankrupcy to use in my native country.How can I get an official,notarized,stamped confrimation of m… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Can a creditor in a California bankruptcy proceeding who has
Can a creditor in a California bankruptcy proceeding who has entered into a post petition contract with the trustee in a chapter 7 case resend the contract if the trustee breeches the agreement. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Can attorney make an appearance in a U.S. bankruptcy case
Can attorney make an appearance in a U.S. bankruptcy case for a creditor in a state that they are not licensed in?… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
I had a hearing in bankruptcy court- does this mean I wasn't
I had a hearing in bankruptcy court- does this mean I wasn't supposed to defend myself against the one who called for the hearing?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I currently am involved in a lawsuit, I am the defendant.
My name is***** currently am involved in a lawsuit, I am the defendant. Can I file Bankruptcy while the case is still open?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Why is it legal for a creditor to get awarded a wage
Why is it legal for a creditor to get awarded a wage garnishment against me while I am in a Chapter 13?This creditor was a debt my almost ex wife had and was not notified of the chapter 13 filing I'm … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
If a non co debtor was awarded temporary spousal maintenance
If a non co debtor was awarded temporary spousal maintenance during divorce proceedings process and then the debtor filed chapter 13- is the non co debtor still entitled to receive that temporary spou… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
If a debtor is subject to a wage garnishment and the wages
If a debtor is subject to a wage garnishment and the wages are garnished at the employer level, what happens to the non-garnished wages? Can the creditor now just go to the bank and get the 75% of the… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
I received a letter from the united states bankruptcy court
i received a letter from the united states bankruptcy court southern district of new york … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
I filed a proof of claim for wages awarded by the CA Labor
I filed a proof of claim for wages awarded by the CA Labor Commission but the earned date is outside of the 180 day threshold per 507(a)(4) to qualify for priority status. Can I tardily file a wage cl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an unsecured creditor (unpaid wages awarded by the
I am an unsecured creditor (unpaid wages awarded by the Labor Commission) in a Chap 7 bankruptcy case. I just received a summary of the trustee's final report and it appears that the trustee is recomm… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I was pursuing unpaid wages from a previous employer when he
I was pursuing unpaid wages from a previous employer when he filed Chapter 7. The wages are more than 180 prior to the date of the bankruptcy filing. Is there a way to keep my claim from being dischar… read more
Bill Attorney
Bill Attorney
law
1,605 satisfied customers
Bankruptcy court trial hearing Brief needed. I am a
Bankruptcy court trial hearing Brief needed. I am a Creditor, already finished a Rule 2004 exam on Debtor, out of court. I must file brief and exhibits by this Friday.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
21 November 2016 05:31 New Question: The Garnished wages
21 November 2016 05:31 New Question: The Garnished wages were not included on Schedule C. Can the Debtor Amend Schedule C to include the Wages? What other Schedule needs amending; and what is the prop… read more
Law Tutor, Esq.
Law Tutor, Esq.
Lawyer
Doctoral Degree
165 satisfied customers
I live in California For bankruptcy court. What documents to
I live in California For bankruptcy court. What documents to I have to present for a valid Prenuptual agreement?… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Can the bankruptcy court put our house up for sale when we
Can the bankruptcy court put our house up for sale when we didn't complete the bankruptcy courses after court?… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x