Wage Attachment or Termination of
MOTION FOR WAGE ATTACHMENT & TERMINATION OF WAGE ATTACHMENT
Overview:
A motion for wage attachment is filed to request the employer of the debtor to withhold monies from a debtor’s wages to be sent to the trustee, a creditor, or the debtor’s attorney. A debtor may also file a motion to terminate a wage attachment order. In either instance the following procedures apply.
If the filing is to pay directly to the Trustee or has concurrence, no notice is required.
If the filing is to pay a secured creditor and is without concurrence; it should be accompanied by the Motion, Notice of Motion, Certificate of Service and Proposed Order.
For order format, please see Proposed Orders
Codes, Rules and Forms:
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Bankruptcy Code:
None
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Bankruptcy Rule:
None
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Local Rule:
None
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Local Form:
None
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CM/ECF Event(s):
Motions/Application/Contested Matters, Wage Attachment Order (or termination of)
I. Noticing:
A. Type: Passive - 21 day language. If the motion is to pay the Trustee or has concurrence, no notice is required.
B. Who Serves: Movant
C. Service: D, DA, T and/or UST, L20, COMM, P