Louisiana Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Re: Case Number [Insert Case Number] Debtor's Motion for Hardship Discharge and Notice of Motion Dear [Recipient's Name], I hope this letter finds you well. I am writing to inform you of my intent to file a motion for hardship discharge in accordance with the relevant bankruptcy laws and regulations. As a resident of Louisiana and an eligible debtor, I believe that my current circumstances warrant the consideration of a hardship discharge. Background Information: [Provide a brief background on your financial situation, including details of your income, assets, and expenses. Mention any extenuating circumstances that have contributed to your financial hardship, such as job loss, medical debts, or unexpected expenses.] Reasons for Seeking a Hardship Discharge: [List the reasons why you believe you should be granted a hardship discharge. Make sure to emphasize circumstances that demonstrate an inability to pay debts in a reasonable timeframe, persistent financial adversity, and lack of any substantial relief in the foreseeable future.] Legal Basis: [Clarify the legal basis for your request by referring to the appropriate section of the bankruptcy laws for hardship discharge. In Louisiana, the relevant law may be found in Title 11, Section 1328 of the United States Code.] Supporting Documentation: [Attach any supporting documents that provide evidence of your financial hardships, such as pay stubs, medical bills, unemployment benefit statements, or any other documentation that strengthens your case.] Request for Relief: [Clearly state your request for a hardship discharge and outline the specific relief you are seeking. Be concise yet detailed in explaining why you meet the criteria for a hardship discharge and why granting this motion would be in the best interest of all parties involved.] Notice of Motion: [Acknowledge that you are providing a notice of motion to the recipient, ensuring that they are informed of your intention to file the motion for hardship discharge. Specify the date on which you plan to submit the motion to the court.] Contact Information: [Reiterate your contact information, encouraging the recipient to get in touch if they have any questions or require further documentation. Offer to collaborate and find a resolution that is agreeable to all parties involved.] Thank you for your time and consideration of my current financial situation. I believe that a hardship discharge is a fair and reasonable solution to my circumstances. I look forward to a favorable resolution. Please do not hesitate to contact me should you need any additional information. Sincerely, [Your Name]
Louisiana Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
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FAQ
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.
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.
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.
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).
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.
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.
