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In re Mack (Case No. 08-72445) 01/14/09

Debtor sought the Court to enter a wage deduction order directing her employer to withhold and remit a portion of her wages to fulfill her obligation to a mortgage company. The language and statutory constructions of 11 U.S.C. § 1325(c) grant the Court the power to order a debtor’s employer to direct part of the debtor’s wages only to the Trustee, not to secured creditors. Such an order in this case was also not appropriate under 11 U.S.C. § 105(a). Accordingly, the Court denied the entry of the proposed wage order.

Date: 
Wednesday, January 14, 2009
Category: 
Garnishment
Chapter: 
13