Mississippi Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
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How to fill out Sample Letter For Debtor's Motion For Hardship Discharge And Notice Of Motion?
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FAQ
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.
The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.
Whether the trustee can take money you receive after filing your case depends on whether you were entitled to the money at the time your case was filed and how it was listed on your forms, if at all.
After Plan Completion: After all payments have been completed, the Chapter 13 Trustee will file a Motion to Return any Excess Funds to Debtor and to Terminate any Payroll Deduction by Employer. If the Motion is granted, the Court will enter an order granting the motion and issue two notices.
After your discharge from the Chapter 13 Bankruptcy, there will remain accounts. These accounts were current prior to the bankruptcy filing, for a period of up to 7 years. This will result in a potentially negative impact on your credit score.
Be Prepared for One More Round of Paperwork A Chapter 13 payment plan doesn't automatically cease once you make your final payment. You must complete the compulsory paperwork and your attorney has to file for an official dismissal of your bankruptcy case.
A discharge pursuant to § 1328(b) is referred to as a ?hardship discharge.? This order does not close or dismiss the case. This order means that no one may make any attempt to collect a discharged debt from the debtors personally.
A hardship discharge is granted to help a debtor who cannot complete a Chapter 13 debt repayment plan for reasons that are completely outside the debtor's control. It will not be granted to debtors who cause their own difficulties, such as debtors who quit their jobs while making payments in a Chapter 13 plan.
