Title: Wisconsin Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion Introduction: A Wisconsin Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion is a legal document that a debtor can use to request a hardship discharge in their bankruptcy case. This letter serves as a formal request to the court, outlining the reasons why the debtor is facing extreme financial difficulty and unable to fulfill their financial obligations. By submitting this letter, the debtor seeks relief from their bankruptcy case, citing genuine financial hardship circumstances. Below, you will find a detailed description of the necessary components and key considerations when drafting this crucial legal document. 1. Heading and Caption: The letter begins with the heading, which includes important information such as the bankruptcy case number, court name, debtor's name, and attorney's contact details. The caption should accurately reflect the motion's purpose and include the debtor's name, the case's title, and the chapter under which the case is filed. 2. Introduction and Background: The opening paragraphs of the letter provide a concise introduction and background information regarding the debtor's bankruptcy case. This includes details such as the chapter filed, the bankruptcy court's jurisdiction, and an overview of the debtor's current financial situation. It is essential to mention any previous attempts to resolve the financial issues before resorting to the hardship discharge request. 3. Explanation of Hardship: Next, the debtor should clearly explain the hardships they are facing that warrant a discharge from their bankruptcy obligations. Each case will differ, but common hardships may include job loss, unexpected medical expenses, disability, or other serious financial setbacks. Providing supporting documentation or evidence is crucial to substantiate the claimed hardship. 4. Financial Status: The debtor must provide a comprehensive overview of their current financial status, including income, expenses, debts, and assets. Accurate and well-documented financial statements, bank statements, tax returns, and any supporting evidence should be attached to the letter. 5. Proposed Plan for Repayment: Alongside the motion for hardship discharge, debtors are encouraged to propose a reasonable and feasible plan for repayment. This may involve negotiating with creditors, seeking loan modifications, or implementing a repayment plan that accounts for their current financial constraints. 6. Relief Requested: Clearly state the specific relief being sought. In this case, the debtor is requesting a hardship discharge, which would exempt them from continuing with the bankruptcy and discharge remaining debts due to the insurmountable hardship they face. The debtor can request a hearing to present their case orally before the bankruptcy court. 7. Notice of Motion: Include a section detailing the notice of motion, which lists the parties that need to be notified of the hardship discharge motion and how this notice will be served. This typically includes the debtor's attorney, the trustee, and any other interested parties. Conclusion: A well-crafted Wisconsin Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion is essential to effectively communicate the debtor's financial hardships to the bankruptcy court. By accurately outlining their financial situation, explaining the hardships faced, and proposing a feasible repayment plan, debtors can increase their chances of obtaining a hardship discharge. It is crucial to consult with an attorney to ensure compliance with specific Wisconsin bankruptcy regulations and to tailor the letter to the unique circumstances of the debtor's case. *Please note that this is a general overview, and it is always recommended seeking qualified legal advice to develop a comprehensive and accurate Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion in accordance with Wisconsin laws and regulations.
Wisconsin Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
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How to fill out Wisconsin Sample Letter For Debtor's Motion For Hardship Discharge And Notice Of Motion?
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FAQ
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.
Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor. Creditors can object to confirmation of the repayment plan, but cannot object to the discharge if the debtor has completed making plan payments.
Creditors should not sell or assign your debt after they get notice of your bankruptcy case. At least they shouldn't without informing the new debt holder about your bankruptcy case.
For restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.
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.
What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.
Forgetting a creditor in a Chapter 13 bankruptcy means it will be deprived of the opportunity to review your repayment plan or receive payments under it. Consequently, your debt to the omitted creditor will not be discharged at the end of your repayment plan.
Skipping a Chapter 13 plan payment can negatively impact your Chapter 13 case. If you miss a payment under the plan, the court can decide to dismiss your case or change your bankruptcy case to Chapter 7. Under a Chapter 7 bankruptcy, the court can liquidate your nonexempt assets to pay your outstanding debts.
