North Carolina Debtors Motion For Entry of Hardship Discharge and Statement Regarding Bankruptcy Rule 1007(b)(8) is a motion filed by a debtor in North Carolina in order to obtain a hardship discharge of their bankruptcy debts. This motion is often used when the debtor is unable to meet the requirements of a Chapter 7 or 13 bankruptcy and must be approved by the court before the debtor can receive a discharge. The statement included with this motion must provide evidence that the debtor meets at least one of the criteria under Bankruptcy Rule 1007(b)(8) and include a statement of the debtor's hardship. The two types of North Carolina Debtors Motion For Entry of Hardship Discharge and Statement Regarding Bankruptcy Rule 1007(b)(8) are: 1. Motion for Entry of Hardship Discharge: This motion requests that the court grant a hardship discharge of the debtor's bankruptcy debts. It must contain evidence that the debtor meets at least one of the criteria under Bankruptcy Rule 1007(b)(8). 2. Statement Regarding Bankruptcy Rule 1007(b)(8): This statement must provide evidence that the debtor meets at least one of the criteria under Bankruptcy Rule 1007(b)(8) and include a statement of the debtor's hardship. It must be included with the debtor's Motion for Entry of Hardship Discharge.
North Carolina Debtors Motion For Entry of Hardship Discharge and Statement Regarding Bankruptcy Rule 1007(b)(8)
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If your debt is not discharged as part of your bankruptcy case, then you will still be legally responsible for repaying the debt to the creditor. After your bankruptcy case you can try to work out a payment arrangement or settlement with any creditor whose debt was not discharged as part of your bankruptcy case.
Some examples of dischargeable debts in Chapter 13 include credit card debt, medical bills, utility bills, and personal loans. Unsecured Debts ? Unsecured debts are not linked to any collateral, such as utility bills and medical bills.
Once you finish your Chapter 13 repayment plan, the remaining 30 percent of your debt is discharged, meaning you won't have to repay that remaining debt. If you pay your Chapter 13 plan off early, you alter the agreed upon terms of your bankruptcy case.
After confirmation of a plan, circumstances may arise that prevent the debtor from completing the plan. In such situations, the debtor may ask the court to grant a "hardship discharge."
To qualify for a hardship discharge, the change in your circumstances must not be your fault. Also, you must typically show that a serious and permanent reason or condition prevents you from completing your plan, such as a life-changing medical condition that arose after filing your case.
To obtain the hardship discharge the debtor must first show an inability to continue making the scheduled Chapter 13 plan payments. In other words, something has happened to you financially that reduced your income or ability to pay your creditors. The change in finances must be beyond the debtor's control.
Hardship vs Dependency. Terminology can get confusing because "hardship" and "dependency" discharges are often both loosely labeled "hardship." Specifically, a hardship discharge is when the financial needs of family member(s) require more than the military member can provide while remaining in the military.
Not all debts are discharged. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523(a) of the Code specifically excepts various categories of debts from the discharge granted to individual debtors. Therefore, the debtor must still repay those debts after bankruptcy.