[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debtor's Attorney's Name] [Debtor's Attorney's Address] [City, State, ZIP] Re: Debtor's Motion for Hardship Discharge and Notice of Motion Dear [Debtor's Attorney's Name], I hope this letter finds you well. I am writing to submit the Debtor's Motion for Hardship Discharge on behalf of my client, [Debtor's Full Name], in accordance with the provisions of Chapter [Chapter Number] of the United States Bankruptcy Code. 1. Motion for Hardship Discharge: As [Debtor's Full Name]'s legal representative, I am filing this motion seeking a hardship discharge for my client under the guidelines outlined in Section [Relevant Section Number] of the Bankruptcy Code. [Provide specific details regarding the debtor's financial hardship, such as loss of employment, unforeseen medical expenses, or similar circumstances leading to the request for a hardship discharge.] 2. Supporting Evidence: In support of this motion, we have attached relevant documents and evidence including, but not limited to: — Copies of [Debtor's Full Name]'s recent financial statements, including income and expense reports, to demonstrate the substantial burden of debt that has impeded my client's ability to meet basic living expenses. — Employment termination letter or other supporting documentation to verify the loss of income. — Medical bills, insurance claim denials, or any medical records demonstrating unforeseen medical expenses and proving the financial strain it has caused on my client. — Any other necessary supporting documents as required by the Bankruptcy Court. 3. Notice of Motion: Please note that in accordance with the Bankruptcy Court rules, I am filing this motion concurrently with the Notice of Motion. I kindly request that you provide a copy of this motion to the United States Trustee, the Chapter [Chapter Number] Trustee, as well as any other parties involved in the bankruptcy proceedings. I trust that the Court will consider my client's exceptional circumstances and grant the requested hardship discharge. Should the Court require additional information or documentation, please do not hesitate to contact me promptly. Thank you for your attention to this matter. I look forward to a favorable resolution in my client's best interest. Sincerely, [Your Name] [Your Bar Number, if applicable] [Your Firm's Name, if applicable] [Your Law Firm's Address, if applicable] [City, State, ZIP]
South Carolina Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
Description
How to fill out South Carolina Sample Letter For Debtor's Motion For Hardship Discharge And Notice Of Motion?
US Legal Forms - among the biggest libraries of legitimate forms in America - gives an array of legitimate document themes it is possible to obtain or print. Using the internet site, you can get a large number of forms for organization and person reasons, sorted by types, says, or search phrases.You can get the most up-to-date versions of forms much like the South Carolina Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion within minutes.
If you already possess a monthly subscription, log in and obtain South Carolina Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion from the US Legal Forms local library. The Obtain button will appear on each and every kind you perspective. You have accessibility to all formerly downloaded forms from the My Forms tab of the bank account.
If you would like use US Legal Forms the first time, listed below are easy instructions to obtain started:
- Be sure to have chosen the proper kind for your area/region. Click the Preview button to analyze the form`s content material. Look at the kind explanation to ensure that you have chosen the right kind.
- If the kind doesn`t suit your demands, make use of the Search discipline near the top of the monitor to obtain the one that does.
- In case you are content with the shape, verify your decision by clicking on the Get now button. Then, opt for the costs prepare you like and supply your references to register for the bank account.
- Approach the transaction. Make use of your charge card or PayPal bank account to complete the transaction.
- Choose the structure and obtain the shape in your product.
- Make modifications. Complete, edit and print and indication the downloaded South Carolina Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion.
Each format you put into your money lacks an expiration particular date and is also yours forever. So, if you wish to obtain or print one more backup, just go to the My Forms section and click on about the kind you want.
Gain access to the South Carolina Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion with US Legal Forms, by far the most substantial local library of legitimate document themes. Use a large number of professional and express-distinct themes that meet up with your organization or person demands and demands.
Form popularity
FAQ
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 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.
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.
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.
Subsection (b) specifies that the discharge granted under this section discharges the debtor from all debts that arose before the date of the order for relief. It is irrelevant whether or not a proof of claim was filed with respect to the debt, and whether or not the claim based on the debt was allowed.
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.
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.
