Chapter 13 Hardship Discharge

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US-B-3180WH
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Description

Chapter 13 Hardship Discharge A Chapter 13 Hardship Discharge is a legal action that allows a debtor to receive a discharge from their outstanding debts without the need to complete their repayment plan. This type of discharge is available in limited circumstances and is only available in a Chapter 13 bankruptcy. There are two types of Chapter 13 Hardship Discharges: Total Hardship Discharge and Partial Hardship Discharge. A Total Hardship Discharge eliminates all the debtor's debts, except those which are not dischargeable such as certain taxes, child support, student loans, and criminal fines. To qualify for a Total Hardship Discharge, the debtor must prove that their financial situation has changed since filing for bankruptcy, and they are unable to make their plan payments. A Partial Hardship Discharge eliminates some of the debtor's debts, but does not eliminate all of them. To qualify for a Partial Hardship Discharge, the debtor must prove that their financial situation has changed since filing for bankruptcy, and they are unable to make their plan payments. The debtor's income must also be below a certain level in order to qualify for a Partial Hardship Discharge. In either case, the debtor must also demonstrate that they have made a good faith effort to make their plan payments and that their current financial situation is unlikely to improve in the future. The court will evaluate the debtor's financial situation and determine if a Chapter 13 Hardship Discharge is appropriate.

A Chapter 13 Hardship Discharge is a legal action that allows a debtor to receive a discharge from their outstanding debts without the need to complete their repayment plan. This type of discharge is available in limited circumstances and is only available in a Chapter 13 bankruptcy. There are two types of Chapter 13 Hardship Discharges: Total Hardship Discharge and Partial Hardship Discharge. A Total Hardship Discharge eliminates all the debtor's debts, except those which are not dischargeable such as certain taxes, child support, student loans, and criminal fines. To qualify for a Total Hardship Discharge, the debtor must prove that their financial situation has changed since filing for bankruptcy, and they are unable to make their plan payments. A Partial Hardship Discharge eliminates some of the debtor's debts, but does not eliminate all of them. To qualify for a Partial Hardship Discharge, the debtor must prove that their financial situation has changed since filing for bankruptcy, and they are unable to make their plan payments. The debtor's income must also be below a certain level in order to qualify for a Partial Hardship Discharge. In either case, the debtor must also demonstrate that they have made a good faith effort to make their plan payments and that their current financial situation is unlikely to improve in the future. The court will evaluate the debtor's financial situation and determine if a Chapter 13 Hardship Discharge is appropriate.

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Chapter 13 Hardship Discharge