Wyoming Chapter 12 Hardship Discharge

State:
Wyoming
Control #:
WY-BKR-3180FH
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Description

Chapter 12 Hardship Discharge

Wyoming Chapter 12 Hardship Discharge is a type of bankruptcy discharge that is available to those who cannot pay their debts due to a “hardship”. This type of discharge is available only in the state of Wyoming and is available to individuals filing under the U.S. Bankruptcy Code. The types of hardship discharge available in Wyoming Chapter 12 include: undue hardship discharge, best interests of creditors discharge, and good faith discharge. An undue hardship discharge allows for the discharge of all debts that are found to be “unavoidable or unreasonableThe. A best interests of creditors discharge allows for the discharge of those debts that can be paid in full in a reasonable period of time. Lastly, a good faith discharge allows for the discharge of debts that are found to be “unavoidable without serious injury to the debtor.” All of these types of hardship discharges require that the debtor must have made all reasonable efforts to pay their debts in full and must have acted in good faith.

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FAQ

No matter which form of bankruptcy is sought, not all debt can be wiped out through a bankruptcy case. Taxes, spousal support, child support, alimony, and government-funded or backed student loans are some types of debt you will not be able to discharge in bankruptcy.

Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal

Non-Dischargeable Debt Under Bankruptcy Law Debts left off the bankruptcy petition, unless the creditor actually knew of the filing. Many types of taxes. Child support or alimony. Debts owed to a child or ex-spouse arising from divorce or separation. Fines or penalties owed to government agencies. Student loans.

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.

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.

Money owed for spousal or child support or alimony also is not discharged in bankruptcy. You are unable to eliminate these types of legal obligations.

The Chapter 12 Discharge Those creditors who were provided for in full or in part under the plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations. Certain categories of debts are not discharged in chapter 12 proceedings. 11 U.S.C.

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

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Wyoming Chapter 12 Hardship Discharge