Philadelphia Pennsylvania Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion

State:
Multi-State
County:
Philadelphia
Control #:
US-0190LTR
Format:
Word; 
Rich Text
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Philadelphia, Pennsylvania is a vibrant and historic city located in the northeastern United States. Known for its rich cultural heritage, diverse population, and iconic landmarks, Philadelphia offers a unique blend of modern amenities and classical charm. Home to approximately 1.6 million residents, Philadelphia is the largest city in the state of Pennsylvania and the fifth-largest in the country. As the birthplace of America's democracy, it holds a significant place in American history and serves as a major hub for education, commerce, and innovation. With its famous Liberty Bell and Independence Hall, Philadelphia is a popular destination for tourists seeking a glimpse into the nation's founding. Visitors can explore multiple museums, such as the Philadelphia Museum of Art and the Barnes Foundation, which are renowned for their extensive art collections. Philadelphia is also known for its robust culinary scene, offering a diverse array of delicious food options. From the world-famous Philly cheese steaks to gourmet fine dining, the city caters to all tastes and preferences. Additionally, the city boasts numerous craft breweries and coffee shops, creating a vibrant and lively atmosphere for food lovers to enjoy. The city is divided into various neighborhoods, each with its own distinct charm and character. The Old City neighborhood is an epicenter for history, featuring cobblestone streets and colonial-era buildings. University City is home to several prestigious institutions, including the University of Pennsylvania and Drexel University. When it comes to arts and entertainment, Philadelphia offers a plethora of options. The Avenue of the Arts is a vibrant district packed with theaters, concert halls, and arts institutions. Additionally, the city hosts numerous annual events, such as the Philadelphia International Festival of the Arts and the Philadelphia Folk Festival, attracting visitors from near and far. Philadelphia is also a sports-loving city, with passionate fans supporting their home teams. The city boasts professional sports teams in major leagues, including the Philadelphia Eagles (NFL), Philadelphia Phillies (MLB), Philadelphia 76ers (NBA), Philadelphia Flyers (NHL), and Philadelphia Union (MLS). Regarding the Philadelphia, Pennsylvania Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion, it is essential to ensure accuracy and adherence to legal requirements. This motion aims to request a hardship discharge, which grants relief from certain debts for debtors facing overwhelming financial burdens. Some possible variations of Philadelphia, Pennsylvania Sample Letters for Debtor's Motion for Hardship Discharge and Notice of Motion could include: 1. Individual Filers: This type of motion would be suitable for debtors filing for personal bankruptcy. 2. Business Filers: For debtors who own or manage businesses seeking hardship discharge, a specific motion catering to their unique needs may be required. 3. Chapter 7 Bankruptcy: Some debtors may seek a hardship discharge under Chapter 7 bankruptcy, which involves the liquidation of assets to repay creditors. 4. Chapter 13 Bankruptcy: This motion would apply to debtors opting for Chapter 13 bankruptcy, which involves creating a repayment plan to manage and satisfy debts over time. Overall, Philadelphia, Pennsylvania offers a wealth of opportunities and experiences for both residents and visitors. Its historical significance, cultural landmarks, diverse communities, and thriving arts scene make it a truly remarkable city to explore and live in.

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FAQ

An objection to discharge constitutes an adversary proceeding within the bankruptcy case, sometimes also referred to as bankruptcy litigation. It is an entirely separate court action, involving investigation and discovery and eventually a hearing before the bankruptcy court.

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 object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding."

You Incurred Debts Through Fraud, False Pretenses, or Misrepresentation. Fraudulent debts aren't dischargeable in bankruptcy. If you lied on a loan application or otherwise used fraud, false pretenses, or misrepresentation to obtain credit, the creditor will likely have grounds to object to your discharge.

One common ground for denying a discharge is when the debtor with intent to hinder, delay, or defraud a creditor transfers, removes, destroys, mutilates, or conceals property within one year before the date of filing for bankruptcy or any time after the date of filing.

An obvious benefit of a hardship Discharge is the ability to work through the hardship itself. Also, the discharge paperwork will have a discharge characterization, which means it is likely to either be Honorable or General under Honorable Conditions. Also, in most cases, service members receive their discharge.

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.

Thus, where a creditor has the ability to change the credit report, the best practice is to change the reporting upon discharge or, at the latest, as soon as the creditor receives such a request from the debtor by either deleting the debt or specifically reporting the debt as discharged in bankruptcy.

Generally, this discharge requires severe medical, psychological or financial problems in the member's immediate family. Medical and psychological problems are termed dependency, while financial problems are described as hardship, though many military personnel use the terms interchangeably.

Subdivision (a) is amended to clarify that, in a chapter 7 case, the deadline for filing a complaint objecting to discharge under §727(a) is 60 days after the first date set for the meeting of creditors, whether or not the meeting is held on that date.

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Mine whether a debtor may receive a discharge in a bankruptcy. "criminal justice debt" or "court debt." Specifically, criminal fines imposed in a sentencing order are excluded from discharge. Now before the Court are the parties' cross motions for summary judgment. Approval of the motion would not entail a separate order of the court. 843 Form 14 Chapter 13 Debtor's Motion to Assume Lease . In a letter dated March 9, 2017, Debtors' attorney reminded UW-Stout about the discharge injunction and notices sent to the University on October 20, 2016. A Chapter 13 hardship allows you to wipe out certain debts without completing your repayment plan if you meet the hardship discharge conditions. Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts . The Bankruptcy Court has scheduled a hearing for June 19, 2006, on the Debtors' motion to approve the Equity Commitment Agreement.

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Philadelphia Pennsylvania Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion