North Carolina Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion

State:
Multi-State
Control #:
US-0190LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: North Carolina Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion Keywords: North Carolina, Sample Letter, Debtor's Motion, Hardship Discharge, Notice of Motion Dear [Debtor's Name], I hope this letter finds you in good health. I am writing to assist you in filing a Debtor's Motion for Hardship Discharge in the state of North Carolina. Based on your current financial circumstances, it is imperative to understand the process and the available options that can potentially provide you with some financial relief. A Debtor's Motion for Hardship Discharge is a legal procedure designed specifically for individuals who are facing severe financial hardship and are struggling to continue with their Chapter 7 Bankruptcy case in North Carolina. This motion allows debtors to request an early discharge of their debts, provided they can prove significant financial complications or unforeseen circumstances. In conjunction with this letter, I have included a sample letter for your reference. Please note that this sample letter is specific to North Carolina and conforms to the state's regulations. As laws can vary, it is crucial to consult with a legal professional familiar with North Carolina bankruptcy laws, or the bankruptcy court directly, for accurate advice regarding your unique situation. The Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion includes important sections such as: 1. Heading and Court Information: This section includes the court's name, address, and other relevant contact details. Make sure to accurately fill in this information to ensure proper filing. 2. Caption: The caption specifies the case name and number, your attorney's details (if applicable), and the parties involved. 3. Introduction: Begin the letter by addressing the Honorable Judge and stating your name as the debtor. Clearly mention that you are filing a Debtor's Motion for Hardship Discharge. 4. Reason for Hardship Discharge: In this section, thoroughly explain the financial hardships or unexpected circumstances that have led to your inability to continue with the Chapter 7 Bankruptcy case. It is crucial to provide detailed and honest information in order to maximize the chances of a favorable decision. 5. Supporting Documentation: Attach any relevant supporting documents that can further validate your claim, such as medical bills, loss of income statements, or any other pertinent financial records. 6. Closing Statement: End the letter by expressing gratitude for the court's consideration and request a timely response to your motion. Please remember to review and modify the sample letter according to your specific circumstances. It is always recommended seeking guidance from a qualified bankruptcy attorney to ensure compliance and to increase your chances of success. Should you have any further inquiries or require additional assistance, feel free to reach out to me. I am here to support you through this challenging process. Wishing you a swift resolution to your financial difficulties. Sincerely, [Your Name] [Your Contact Information]

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FAQ

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.

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.

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.

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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A certificate of service is to be filed with the Motion. 2. The Debtor(s) will complete the Disclosure of Information Regarding Domestic Support. Obligations ... Heading: Include the debtor's name, address, and contact information, along with the bankruptcy case number and court details. b. Introduction: State that the ...DEBTOR'S MOTION FOR ENTRY OF HARDSHIP DISCHARGE and. STATEMENT REGARDING ... I hereby move for a hardship discharge for the reasons set forth in Exhibit A ... 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. Apr 15, 2021 — and to pursue a hardship discharge to complete the chapter 13 case. 19. On February 10, 2021, the Trustee filed a Response to Motion to Continue. An interested party must file a motion seeking dismissal. To avoid the filing of such a motion, debtor's counsel should notify the panel trustee, the United. Upload a document. Click on New Document and select the form importing option: add Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion ... 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. Relevant tax forms used in settlement of the estate may be obtained from the. North Carolina Department of Revenue at 1-877-252-3052. If estate tax returns are ... You can file a motion to set up an installment payment plan. You will have to ... Fill out a Notice of Hearing on Claim of Exemption (Form WG-010 PDF file ...

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North Carolina Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion