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1969

San Diego Law Review

Chapter 13 wage deduction order

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Bankruptcy: Enjoining Employers From Discharging Employees Because Of Chapter Xiii Wage Deduction Order, Kenneth Gleason May 1969

Bankruptcy: Enjoining Employers From Discharging Employees Because Of Chapter Xiii Wage Deduction Order, Kenneth Gleason

San Diego Law Review

Section 658 of the Bankruptcy Act authorizes issuance of wage deduction orders and enforcement of such orders "in the manner provided for the enforcement of judgments." Thus, if the debtor's employer were to resist the order, the court could levy execution upon the debtor's wages. It would not be necessary to go beyond section 658 to find permission for execution. However, the injunction in Jackson goes beyond mere enforcement of an order. In effect, it preserves the debtor's future earnings upon which the Chapter XIII plan depends. With his income thus preserved, the basis is provided for later support of …