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B-3070-1. WAGE ASSIGNMENT ORDERS IN CHAPTER 13 CASES

(a)   Trustee’s Authority to Require Wage Assignment Order

The Chapter 13 Trustee may at any time request an order directing the Debtor’s employer to remit plan payments.

(b)   Procedure

The trustee may:

(1)     submit an order (the “Wage Assignment Order” or “Order to Pay”) directing a Debtor’s employer to remit to the trustee the payment stated in the Debtor’s plan – including amended plans and motions for post-confirmation modification – or in a confirmation order; or

(2)    require the Debtor to submit the Wage Assignment Order within 7 days.

(c)   Service of Orders

The party who tendered the order shall serve a copy of the signed order on the entity to which the order is directed, the trustee, and the Debtor.

(d)   Amended Orders Required

If the Debtor was required to submit a Wage Assignment Order, the order shall remain effective throughout the case, unless rescinded. The Debtor must submit a new order whenever the Debtor’s employer or the plan payment changes, until plan payments have been completed. After plan payments have been completed, an order terminating wage assignment shall be submitted.