Title: Hawaii Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion Introduction: In Hawaii, debtors facing financial hardship have the option to file a motion for hardship discharge in bankruptcy court. This sample letter aims to provide guidance on the content and structure of a letter requesting a hardship discharge, along with a notice of motion. This document assists debtors in navigating the legal process effectively. Let's explore the key sections of the letter and notice while incorporating relevant keywords. ------------------------- [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Bankruptcy Court Name] [Address] [City, State, ZIP] Subject: Debtor's Motion for Hardship Discharge and Notice of Motion Dear Honorable [Judge's Last Name], I, [Your Full Name], am I writing to request a hardship discharge from my current financial obligations as permitted under Section 521(i)(1) of the United States Bankruptcy Code. Additionally, I hereby give notice of this motion as required by [applicable local court rules]. 1. Background and Justification: Provide a brief overview of your financial situation, including any events or circumstances that led to your current hardship. Use this section to present your case persuasively and emphasize significant points using relevant keywords such as "financial hardship," "unforeseen circumstances," or "unexpected medical expenses." 2. Demonstration of Good Faith Efforts: Describe the actions you have taken to repay your debts, including any payments made or attempts to negotiate with creditors. Mention relevant factors like loss of employment, salary reduction, or any other struggles you have faced while maintaining a sincere intention to fulfill your financial obligations. 3. Financial Documentation: Attach relevant financial documents, such as bank statements, pay stubs, tax returns, medical bills, or any additional evidence that substantiates your financial difficulties. These documents will support your claim and strengthen your request for a hardship discharge. 4. Proposed Settlement Plan: Present a realistic plan to settle your debts that demonstrates your commitment towards repaying what you can reasonably afford. Outline the proposed terms, including the amount you will pay, the frequency of payments, and how long the repayment period will be, making sure to prioritize essential living expenses to ensure a balanced approach. 5. Notice of Motion: Include a separate section outlining the notice of motion, mentioning the date, time, and location of the scheduled motion hearing. Ensure compliance with local court rules regarding the format and content of the notice. This section should be prominent and formatted distinctly to stand out from the rest of the letter. 6. Conclusion: Express gratitude for the court's attention to your case and humbly request a timely review of the motion to relieve your financial burden. Provide contact information for any further queries, acknowledging the court's busy schedule. ------------------------- Types of Hawaii Sample Letters for Debtor's Motion for Hardship Discharge and Notice of Motion: 1. For Chapter 7 Bankruptcy: Sample letter used in Hawaii for debtors filing a motion for a hardship discharge under Chapter 7 bankruptcy protection. 2. For Chapter 13 Bankruptcy: Sample letter tailored to debtors in Hawaii who seek a hardship discharge request under Chapter 13 bankruptcy provisions. 3. Individual vs. Joint Filing: Illustrates a sample letter for hardship discharge motion when filing bankruptcy individually or jointly with a spouse or partner. Remember, it is crucial to consult a qualified attorney for specific legal advice and tailor the letter based on the unique circumstances of your situation before submitting it to the court. ------------------------- [Your Name] [Your Signature] Enclosures: [List of enclosed documents, such as financial statements and supporting evidence]
Hawaii Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
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1 The automatic stay applies to individual debtors, to businesses, and to all of the chapters of the bankruptcy code. The automatic stay does not apply to non-debtor entities, such as corporate affiliates, corporate officers, co-defendants, or guarantors.
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.
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.
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.
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.
