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District of Columbia Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion

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This form is a sample letter in Word format covering the subject matter of the title of the form.

Title: District of Columbia Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion Keywords: District of Columbia, sample letter, debtor's motion, hardship discharge, Notice of Motion Introduction: In the District of Columbia, debtors facing financial hardship may seek relief through a Motion for Hardship Discharge. This legal document requests the discharge of certain debts based on the debtor's inability to pay due to significant financial setbacks. This article provides an in-depth description of the District of Columbia Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion, highlighting its purpose and various types. 1. Purpose and Importance: The District of Columbia Sample Letter for Debtor's Motion for Hardship Discharge serves as a formal request for relief from overwhelming debts. This motion is essential for individuals facing extreme financial distress, such as job loss, medical emergencies, or unforeseen circumstances, that make repayment impossible in the foreseeable future. It allows debtors to submit a comprehensive argument to the court, seeking discharge of specific debts as they may qualify. 2. Contents of the Sample Letter: a. Introduction: Begin the letter with a professional and respectful tone, addressing the presiding court and providing essential case details. b. Debtor's Background: Outline the debtor's background, including personal and financial circumstances leading to the current hardship, such as unemployment, reduction of income, or medical conditions. c. Debt Overview: List and describe the debts that the debtor seeks to discharge, providing specific details such as creditor names, amounts owed, and any relevant supporting evidence. d. Financial Documents: Attach supporting financial documents, such as bank statements, tax returns, and pay stubs, to validate the debtor's claims of financial hardship. e. Legal Basis: Cite the relevant legal provisions and regulations under the District of Columbia bankruptcy laws that support the motion to seek a hardship discharge. f. Statement of Hardship: Clearly explain the debtor's inability to meet the financial obligations due to the hardship, emphasizing the factors preventing repayment and supporting evidence proving the lack of financial means. 3. Notice of Motion: In the District of Columbia, debtors are required to provide a Notice of Motion to all relevant parties, including creditors, informing them of the debtor's intention to file a Motion for Hardship Discharge. This notice allows creditors to respond within a specified time frame and participate in subsequent hearings or objections if necessary. Types: 1. District of Columbia Sample Letter for Debtor's Motion for Hardship Discharge — Chapter 7 Bankruptcy: Specifically tailored for individuals seeking relief under Chapter 7 Bankruptcy laws in the District of Columbia jurisdiction. 2. District of Columbia Sample Letter for Debtor's Motion for Hardship Discharge — Chapter 13 Bankruptcy: Designed for individuals seeking hardship discharge through Chapter 13 Bankruptcy specifically governed by District of Columbia bankruptcy regulations. Conclusion: The District of Columbia Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion is a crucial document for debtors seeking financial relief due to significant hardships. By creating a compelling argument backed by relevant financial evidence and legal provisions, debtors can enhance the chances of their motion being granted. It is essential to tailor the application to the specific requirements outlined by the District of Columbia bankruptcy laws to provide a valid and persuasive case.

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A hardship discharge ends your Chapter 13 plan, so your opportunity to catch up with debt such as missed mortgage or car payments, priority tax debts or secured tax debts, or past-due child or spousal support also ends.

In Chapter 13 bankruptcy, a hardship discharge is a court-authorized elimination of debt when a debtor is prevented from completing the repayment plan due to financial hardship that arose while their case is open.

Discharge (of debts) refers to the process in bankruptcy court, when a debtor is no longer liable for their debts, and the lender is no longer allowed to make attempts to collect the debt. The court will issue a decision to discharge debts.

When you file for bankruptcy or make a consumer proposal, your debts are discharged, including taxes, credit cards, late bills, lines of credit and personal loans. Under the Bankruptcy and Insolvency Act, only the following debts are not discharged: Fines, penalties or offenses. Alimony and child support.

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.

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This form is a sample letter in Word format covering the subject matter of the title of the form. Letter Hardship Form Sample Related forms. Debtor(s) hereby move the Court for the entry of a discharge order in this case. Signed: Debtor's Signature. Date. Spouse's Signature (in Joint Cases only).The motion shall set forth the basis for the discharge and provide evidence (including a sworn declaration from the debtor) in support of the motion. A copy of ... Motions for Hardship Discharges are governed by SC LBR 3015-5 and should be filed with a “Certification of Debtor Information and Request for Hardship Discharge ... Jul 5, 2018 — The only notice provided to Eisenberg in connection with this case was a letter from the Debtor's. Case 16-70898 Doc 48 Filed 07/05/18 ... Nov 17, 2022 — This memorandum provides guidance (Guidance) to Department of Justice (Department) attorneys regarding requests to discharge student loans ... Thus, if the IRS issues a final Notice of Determination denying the debtor's request ... As in chapter 13 cases, the debtor may be granted a hardship discharge if ... by LB Bartell · 2020 · Cited by 6 — The bankruptcy proceeding will continue in rem with respect to property of the state [sic], and the discharge will apply in personam to relieve the debtor, and. Download. Revised. CR 08.0600, Motion for Certificate and Order of Discharge ... Notice of Filing a Petition for Certificate of Restoration of Opportunity, 06 ... Feb 20, 2018 — Request for Information on Evaluating Undue Hardship Claims in Adversary Actions Seeking Student Loan Discharge in Bankruptcy Proceedings ...

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District of Columbia Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion