Oregon Notice of Motion For Hardship Discharge And Fixing Times For Filing Objections To Motion And Complaints is a court document filed by a debtor in bankruptcy to request a discharge of certain debts due to a hardship. It is used to set a timeline for creditors to file objections and complaints to the motion. There are two types of Oregon Notice of Motion For Hardship Discharge And Fixing Times For Filing Objections To Motion And Complaints: (1) Notice of Motion of Debtor’s Hardship Discharge and (2) Notice of Motion of Joint Debtor’s Hardship Discharge. Each type sets out the timeline for filing objections and complaints to the motion. The first type is used when a single debtor is filing for hardship discharge. The second type is used when two or more people are filing jointly for hardship discharge. Both notices provide the debtor with the opportunity to present evidence of their financial hardship and reasons why they should be granted a discharge. The notices also provide creditors with the opportunity to present evidence of why the debtor should not be granted a discharge.
Oregon Notice of Motion For Hardship Discharge And Fixing Times For Filing Objections To Motion And Complaints
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A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.
§ 1328(b) without completing all of the requirements under the chapter 13 plan. 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.
When you complete your Chapter 13 repayment plan, you'll receive a discharge order that will wipe out the remaining balance of qualifying debt. In fact, a Chapter 13 bankruptcy discharge is even broader than a Chapter 7 discharge because it wipes out certain debts in Chapter 7 bankruptcy.
Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.
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.
Also do not not incur debt, use credit, credit cards, or enter into leases while in Chapter 13 without Bankruptcy Court approval, except in the case of an emergency for the protection and preservation of life, health or property. Contact your attorney if you need to sell property or incur debt.
Most Chapter 11 debtors receive a moratorium on the payment of most of their general unsecured debts for the period between the filing of the case and the confirmation of a plan. This period usually lasts for six to twelve months.
Any bankruptcy filing could also negatively impact your credit for some time. A Chapter 13 bankruptcy can remain on your credit report for up to 10 years, and you will lose all your credit cards. Bankruptcy also makes it nearly impossible to get a mortgage if you don't already have one.