What type of discharge is a hardship discharge?

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.

US Legal Forms
Localized Forms
Texas
Tarrant
Sample Letter for Debtor's Motion for Hardship Discharge and Notice...

Tarrant Texas Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion

Name: Tarrant Texas Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
Brand: US Legal Forms
Rating: 4.78 (475 reviews)

Category:

Letters - Legal - Bankruptcy

State:

Multi-State

County:

Tarrant

Control #:

US-0190LTR

Format:

Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

How to fill out Tarrant Texas Sample Letter For Debtor's Motion For Hardship Discharge And Notice Of Motion?

Laws and regulations in every sphere differ around the country. If you're not a lawyer, it's easy to get lost in various norms when it comes to drafting legal paperwork. To avoid expensive legal assistance when preparing the Tarrant Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion, you need a verified template valid for your county. That's when using the US Legal Forms platform is so advantageous.

US Legal Forms is a trusted by millions web catalog of more than 85,000 state-specific legal templates. It's an excellent solution for specialists and individuals searching for do-it-yourself templates for various life and business situations. All the documents can be used multiple times: once you pick a sample, it remains available in your profile for further use. Thus, when you have an account with a valid subscription, you can simply log in and re-download the Tarrant Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion from the My Forms tab.

For new users, it's necessary to make a couple of more steps to get the Tarrant Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion:

Take a look at the page content to ensure you found the appropriate sample.
Take advantage of the Preview option or read the form description if available.
Search for another doc if there are inconsistencies with any of your criteria.
Click on the Buy Now button to get the document when you find the correct one.
Choose one of the subscription plans and log in or sign up for an account.
Decide how you prefer to pay for your subscription (with a credit card or PayPal).
Pick the format you want to save the document in and click Download.
Complete and sign the document on paper after printing it or do it all electronically.

That's the simplest and most economical way to get up-to-date templates for any legal purposes. Locate them all in clicks and keep your documentation in order with the US Legal Forms!

Form Rating

4.78

Satisfied(475)

Form popularity

FAQ

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.

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.

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.

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.

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.

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.

If your expenses are greater than your income, there's a presumption of undue hardship. For example, if your income is $3000 per month, and your expenses are $3200 per month, you'd have an undue hardship.

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."

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.

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.

Interesting Questions

More info

A Chapter 13 hardship allows you to wipe out certain debts without completing your repayment plan if you meet the hardship discharge conditions. Although the petition must also be verified, counsel for the debtor must sign the petition.Emergency motions to expunge the notices of lis pendens. Cohen sought mandamus relief in the court of appeals. Confirmation of a chapter 11 plan may result in a discharge of debt. In the use or modification of these materials, each lawyer must depend on his or her own expertise and knowledge of the law. The Movement for Indigent Defense Improvement In Texas and the Nation . (returnable May 27, 2013). Each was on a motion to dismiss decided early in a case. Plaintiff's Attorneys as Settlement Class Counsel; (4) approving the Notice Plan; and (5) setting the Final Approval Hearing and Schedule.

Tarrant Texas Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion

Description

Related forms

How to fill out Tarrant Texas Sample Letter For Debtor's Motion For Hardship Discharge And Notice Of Motion?

Show more info

Form Rating

Form popularity

FAQ

How do you qualify for a hardship discharge?

What qualifies as a hardship discharge?

Under what circumstances can a debtor be denied a discharge?

Why would a creditor object to a debt being discharged?

What is an objection to discharge?

What is the deadline for filing a complaint objecting to a discharge?

What is presumption of undue hardship?

How do I object to a debtor's discharge?

How do I remove a discharge from my credit report?

What type of discharge is a hardship discharge?

Interesting Questions

What is a Tarrant Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion678882?

When should I use the Tarrant Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion678882?

Why should I file a hardship discharge motion?

What should I include in my Tarrant Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion678882?

Can I use the Tarrant Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion678882 for any type of debts?

How will the court determine if I qualify for a hardship discharge?

More info

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