Title: Indiana Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion Introduction: In the state of Indiana, a debtor facing financial hardships can seek relief through a motion for hardship discharge. This legal procedure allows debtors to request the court to discharge their debts due to unforeseen circumstances that make repayment unmanageable. This article provides a comprehensive description and an example of a sample letter for a debtor's motion for hardship discharge and notice of motion, specific to Indiana. 1. Understanding the Debtor's Motion for Hardship Discharge: A debtor's motion for hardship discharge is a legal petition submitted to the court, requesting the cancellation or reduction of debt obligations due to severe financial distress or unforeseen circumstances. The debtor must demonstrate that paying off the debts would impose an excessive hardship, often caused by long-term unemployment, serious illness, or disability. 2. The Need for a Sample Letter for Debtor's Motion for Hardship Discharge: When filing a motion for hardship discharge in Indiana, it is crucial to draft a well-structured and persuasive letter to the court. The sample letter provided below illustrates the essential elements and language necessary to request a hardship discharge effectively. 3. Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Honorable Judge's Full Name] [United States Bankruptcy Court] [District Location] [City, State, ZIP] Re: Debtor's Motion for Hardship Discharge and Notice of Motion [Case Number/Debtor's Name] Dear Judge [Judge's Last Name], I, [Your Name], [Your Address], the debtor in the above-mentioned case, am I writing to submit a motion for hardship discharge pursuant to [Section/Rule of the Bankruptcy Code] as permitted under the laws of Indiana. This motion is being filed due to the severe financial distress I am currently facing, which has made repayment of my debts impossible. I respectfully request this Honorable Court to consider my request for the discharge of my debts in light of the following reasons: 1. (State the main reason for financial hardship, such as long-term unemployment, significant medical condition, disability, etc.) 2. (Provide details of any supporting documentation, including medical reports, unemployment records, or any other relevant evidence.) I believe that the above circumstances and supporting documentation demonstrate the enormity of the financial hardship I have encountered, which warrants the consideration of a hardship discharge. I, therefore, seek relief in the form of either a cancellation or significant reduction of my debts. Attached to this letter, please find the Notice of Motion, as required by the Indiana Bankruptcy Court rules. I kindly request the court's guidance on the proper scheduling of the hearing for the motion for hardship discharge. I am available at your convenience for any further necessary information or documentation you may need. Furthermore, I thank you in advance for your understanding and consideration in this matter. Furthermore, I am hopeful that the court will grant my request for a hardship discharge and provide much-needed relief in my challenging financial situation. Respectfully, [Your Name] [Debtor] [Case Number] Note: It is advisable to consult with an attorney before submitting any legal documents or proceeding in court, as this sample letter is for informational purposes only. Different types or variations of the Indiana Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion may arise depending on the debtor's specific circumstances. Some examples include a motion for hardship discharge due to unexpected job loss, a motion for hardship discharge based on severe medical conditions, or a motion for hardship discharge for debtors with disabilities.
Motion For Hardship Discharge
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How to fill out Indiana Sample Letter For Debtor's Motion For Hardship Discharge And Notice Of Motion?
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FAQ
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.
For restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.
What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.
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.
How Long Does Chapter 13 Discharge Take? Discharging debt through Chapter 13 may take 6 to 8 weeks after the final payment is made on your 3 to 5-year repayment plan (whichever was approved by the bankruptcy court).
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.
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.
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.
