Order Staying Wage Garnishments And Directing Turnover Of Property (Chapter 13){MISC012J}

Misc 012J UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TENNESSEE __________________________________________________________________________________________________ In re Case No. ____________________ Chapter 13 [Last 4 digits of SS#____________(H)] [Last 4 digits of SS#____________(W)] Debtor(s). __________________________________________________________________________________________________ ORDER STAYING WAGE GARNISHMENTS AND DIRECTING TURNOVER OF PROPERTY TO CHAPTER 13 TRUSTEE COMBINED WITH NOTICE OF THE ENTRY THEREOF __________________________________________________________________________________________________ It appears to the Court that the Debtor(s) herein filed an original petition under Chapter 13 of the Bankruptcy Code on ___________________________; that the Court has exclusive jurisdiction of the Debtor(s) and all pre- and post bankruptcy property of the Debtor(s), including existing and future wages of the Debtor(s) pursuant to 28 U.S.C. § 1334(e) and 11 U.S.C.§ 1306(a)(1), (2); and that pursuant to 11 U.S.C. § 362(a), said filing operates as an automatic stay of the commencement or continuation of any Court proceeding to enforce a lien against the property of the Chapter 13 Debtor(s), including an automatic stay to prohibit wage garnishments against existing and future wages of the Debtor(s). Based on the foregoing, the case record as a whole, and applicable law: 1. 2. That any garnishments currently pending against the Debtor(s)' wages are hereby stayed by operation of law. That any wages due the Debtor(s) which are or would have been subject to any garnishment be turned over to the Standing Chapter 13 Trustee, Timothy Ivy., P. O. Box 1313, Jackson, Tennessee, 38302, pursuant to 11 U.S.C. §§ 542(a), 543(b)(1) and 105(a), to be held pending further order of this Court. That any future garnishments based on a pre- or post-filing debt, served after the date of the original petition herein is stayed unless the stay is specifically listed by this Court. That any Clerks of Courts or employer(s) of the Debtor(s), holding monies of the Debtor(s), pursuant to American LegalNet, Inc. www.FormsWorkFlow.com 3. 4. Misc 012J garnishments against the Debtor(s), shall turn over said monies to the above-mentioned Trustee. 5. That this Order shall remain in effect until the Debtor(s) receive(s) a discharge or the case is dismissed or closed or the stay is otherwise lifted by order of the Court. That all the foregoing is without prejudice to a request for a formal hearing if requested within fourteen (14) days from the entry of this Order. The debtor(s) or debtor(s)' counsel shall promptly mail, in compliance with L.B.R. 9013-1 of this Court, a copy of this Order to all interested parties and the Chapter 13 case trustee, or any other party that has not been served by the Bankruptcy Noticing Center and thereafter shall promptly file with the Clerk of this Court a certificate of service of this Order (Local Form 7). 6. 7. _________________________________________ Attorney for Debtor(s) Name:___________________________________ Address:_________________________________ _________________________________ _________________________________ Telephone No. ____________________________ _______________________________________ Plaintiff (Creditor) _______________________________________ Plaintiff (Creditor) _______________________________________ Plaintiff (Creditor) ____________________ Case Number ____________________ Case Number ____________________ Case Number __________________________ Court __________________________ Court ___________________________ Court American LegalNet, Inc. www.FormsWorkFlow.com