• US Legal Forms

West Virginia Chapter 13 Affidavit for Entry of Hardship Discharge Order

State:
West Virginia
Control #:
WV-SKU-0029
Format:
PDF
Instant download
This website is not affiliated with any governmental entity
Public form

Description

Chapter 13 Affidavit for Entry of Hardship Discharge Order
The West Virginia Chapter 13 Affidavit for Entry of Hardship Discharge Order is an affidavit filed with the court by a debtor seeking relief from their debt under Chapter 13 of the United States Bankruptcy Code. It is a document that must be completed and signed by a debtor in order to receive a court order granting a hardship discharge from their debt obligations. The affidavit will typically include information about the debtor’s financial situation, including income, expenses, assets, and debts. The affidavit must also state that the debtor has made a good faith effort to repay their creditors, but is unable to do so due to circumstances beyond their control. There are two types of West Virginia Chapter 13 Affidavit for Entry of Hardship Discharge Order: the individual debtor affidavit and the joint debtor affidavit. The individual debtor affidavit is completed by the single debtor and should contain the debtor’s financial information, including income, expenses, assets, and debts. The joint debtor affidavit is completed by both debtors and should include the same information as the individual debtor affidavit, but should also include an explanation as to why both debtors are unable to repay their debts. Once the affidavit is completed and signed by the debtor, a copy is sent to the trustee of the Bankruptcy Court. The trustee will review the affidavit and make a determination whether the debtor is eligible for a hardship discharge. If approved, the court will enter an order granting the hardship discharge and the debtor will be able to proceed with their repayment plan.

The West Virginia Chapter 13 Affidavit for Entry of Hardship Discharge Order is an affidavit filed with the court by a debtor seeking relief from their debt under Chapter 13 of the United States Bankruptcy Code. It is a document that must be completed and signed by a debtor in order to receive a court order granting a hardship discharge from their debt obligations. The affidavit will typically include information about the debtor’s financial situation, including income, expenses, assets, and debts. The affidavit must also state that the debtor has made a good faith effort to repay their creditors, but is unable to do so due to circumstances beyond their control. There are two types of West Virginia Chapter 13 Affidavit for Entry of Hardship Discharge Order: the individual debtor affidavit and the joint debtor affidavit. The individual debtor affidavit is completed by the single debtor and should contain the debtor’s financial information, including income, expenses, assets, and debts. The joint debtor affidavit is completed by both debtors and should include the same information as the individual debtor affidavit, but should also include an explanation as to why both debtors are unable to repay their debts. Once the affidavit is completed and signed by the debtor, a copy is sent to the trustee of the Bankruptcy Court. The trustee will review the affidavit and make a determination whether the debtor is eligible for a hardship discharge. If approved, the court will enter an order granting the hardship discharge and the debtor will be able to proceed with their repayment plan.

How to fill out West Virginia Chapter 13 Affidavit For Entry Of Hardship Discharge Order?

If you’re searching for a way to properly prepare the West Virginia Chapter 13 Affidavit for Entry of Hardship Discharge Order without hiring a legal representative, then you’re just in the right place. US Legal Forms has proven itself as the most extensive and reputable library of official templates for every personal and business scenario. Every piece of documentation you find on our web service is designed in accordance with nationwide and state regulations, so you can be sure that your documents are in order.

Adhere to these simple instructions on how to acquire the ready-to-use West Virginia Chapter 13 Affidavit for Entry of Hardship Discharge Order:

  1. Ensure the document you see on the page corresponds with your legal situation and state regulations by checking its text description or looking through the Preview mode.
  2. Enter the document name in the Search tab on the top of the page and choose your state from the list to locate another template in case of any inconsistencies.
  3. Repeat with the content verification and click Buy now when you are confident with the paperwork compliance with all the requirements.
  4. ​Log in to your account and click Download. Sign up for the service and opt for the subscription plan if you still don’t have one.
  5. Use your credit card or the PayPal option to pay for your US Legal Forms subscription. The document will be available to download right after.
  6. Choose in what format you want to save your West Virginia Chapter 13 Affidavit for Entry of Hardship Discharge Order and download it by clicking the appropriate button.
  7. Add your template to an online editor to complete and sign it rapidly or print it out to prepare your hard copy manually.

Another great advantage of US Legal Forms is that you never lose the paperwork you acquired - you can pick any of your downloaded blanks in the My Forms tab of your profile whenever you need it.

Form popularity

FAQ

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.

The Chapter 13 Hardship Discharge After confirmation of a plan, circumstances may arise that prevent the debtor from completing the plan. In such situations, the debtor may ask the court to grant a "hardship discharge." 11 U.S.C. § 1328(b).

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.

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.

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.

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.

More info

Chapter 13 Affidavit for Entry of Hardship Discharge Order. Form: PDF icon ch1213hdischarge.pdf.Request for a hardship discharge in a Chapter 13 BAPCPA case: 1. The Debtor(s) will complete a Motion for Entry of Hardship Discharge and Statement. Affidavit Requesting Entry Of Hardship Discharge Order (Chapter 13) Form. This is a West Virginia form and can be use in Bankruptcy Court Federal. Download Chapter 13 Affidavit for Entry of Hardship Discharge Order – West Virginia Southern District Bankruptcy Court (West Virginia) form. A Chapter 13 hardship allows you to wipe out certain debts without completing your repayment plan if you meet the hardship discharge conditions. In chapter 13 cases, the debtor must file all required tax returns for tax periods ending within 4 years of the filing of the bankruptcy petition. Chapter 13.

Trusted and secure by over 3 million people of the world’s leading companies

West Virginia Chapter 13 Affidavit for Entry of Hardship Discharge Order