Vermont Chapter 13 Hardship Discharge

State:
Vermont
Control #:
VT-SKU-0183
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Chapter 13 Hardship Discharge
Vermont Chapter 13 Hardship Discharge is a process that allows a debtor to have their remaining debts discharged without having to complete their Chapter 13 repayment plan. This type of discharge is only available in certain circumstances, such as when a debtor has encountered an unforeseen financial hardship, and their ability to make payments under their repayment plan has been significantly impaired. Depending on the jurisdiction, there are two types of hardship discharge that may be available: an individual hardship discharge and a “hardship discharge for cause.” An individual hardship discharge is available when a debtor can no longer meet the requirements of their repayment plan due to circumstances beyond their control. A hardship discharge for cause is available when a debtor has been unable to make payments due to circumstances beyond their control, such as a disability or job loss. In either case, the debtor must demonstrate that they have acted in good faith by providing the court with documentation showing that they have made a good faith effort to make their payments as required by their repayment plan.

Vermont Chapter 13 Hardship Discharge is a process that allows a debtor to have their remaining debts discharged without having to complete their Chapter 13 repayment plan. This type of discharge is only available in certain circumstances, such as when a debtor has encountered an unforeseen financial hardship, and their ability to make payments under their repayment plan has been significantly impaired. Depending on the jurisdiction, there are two types of hardship discharge that may be available: an individual hardship discharge and a “hardship discharge for cause.” An individual hardship discharge is available when a debtor can no longer meet the requirements of their repayment plan due to circumstances beyond their control. A hardship discharge for cause is available when a debtor has been unable to make payments due to circumstances beyond their control, such as a disability or job loss. In either case, the debtor must demonstrate that they have acted in good faith by providing the court with documentation showing that they have made a good faith effort to make their payments as required by their repayment plan.

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FAQ

It's designed so you'll pay the amount you can afford. Therefore, the court will only let you complete your Chapter 13 bankruptcy early under two conditions: You can pay all of your claims, including unsecured debts, in full, or you can prove a financial hardship.

To obtain the hardship discharge the debtor must first show an inability to continue making the scheduled Chapter 13 plan payments. In other words, something has happened to you financially that reduced your income or ability to pay your creditors. The change in finances must be beyond the debtor's control.

To qualify for a hardship discharge, the change in your circumstances must not be your fault. Also, you must typically show that a serious and permanent reason or condition prevents you from completing your plan, such as a life-changing medical condition that arose after filing your case.

Some examples of dischargeable debts in Chapter 13 include credit card debt, medical bills, utility bills, and personal loans. Unsecured Debts ? Unsecured debts are not linked to any collateral, such as utility bills and medical bills.

How to Qualify for a Chapter 13 Hardship Discharge Prove that you were unable to complete payments due to circumstances beyond your control.Have paid unsecured creditors an amount equal to that of a Chapter 7 bankruptcy.Show it's not feasible to modify your current plan.

Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated

Hardship vs Dependency. 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.

More info

What Is a Chapter 13 Hardship Discharge? A hardship discharge is a discharge the court grants you before you complete all of the required payments under your Chapter 13 repayment plan.The Chapter 13 Hardship Discharge. After confirmation of a plan, circumstances may arise that prevent the debtor from completing the plan. Chapter 13 Hardship Discharge. Download Form (pdf, 140. A Chapter 13 hardship allows you to wipe out certain debts without completing your repayment plan if you meet the hardship discharge conditions. Chapter 13 bankruptcy, or the wage earner's plan, is not typically associated with a discharge of debt. At its most basic form, a chapter 13 hardship discharge is a way to discharge remaining unsecured debts after a payment plan. A Hardship discharge allows the Debtor to obtain the discharge early, often because of a loss in the Debtor's disposable income.

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Vermont Chapter 13 Hardship Discharge