Motion for hardship discharge
About this form
The Motion for Hardship Discharge is a legal document filed in bankruptcy cases under Chapter 13. This form is used by debtors to request a discharge of their remaining debts, even if they have not completed all the payments required under their repayment plan. It differs from a standard Chapter 13 discharge, allowing for hardship circumstances that prevent full payment. This form ensures that debtors can seek relief when they encounter unexpected difficulties.
What’s included in this form
- The debtorâs summary of circumstances leading to the request for a hardship discharge.
- A statement of the payments made to unsecured creditors.
- Details on why plan modification is not feasible.
- Verification of completing a personal financial management course or understanding the requirement.
- Contact information for the attorney handling the case, if applicable.
When to use this form
This form is useful in situations where debtors are unable to fulfill their payment plans due to unforeseen financial difficulties, such as job loss, medical emergencies, or other life changes. It aids individuals seeking to obtain a discharge of their debts to reclaim financial stability despite not completing the payment plan.
Who needs this form
- Debtors undergoing a Chapter 13 bankruptcy who cannot complete their payment plan.
- Individuals facing unforeseen financial hardships affecting their ability to make payments.
- Those who have met the necessary legal requirements but require relief from remaining obligations.
Instructions for completing this form
- Provide the court information, including the district and debtor details at the top of the form.
- Clearly state the circumstances that led to your inability to complete payments in the designated section.
- Fill in the total payments made to unsecured creditors and details about the estate's asset value.
- Explain why modifying your repayment plan is impractical.
- Indicate whether you have completed the personal financial management course.
- Include the attorney's contact details if applicable, and make sure to sign and date the form correctly.
Does this document require notarization?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to provide complete and accurate information about payments made.
- Neglecting to include a proper explanation for the inability to complete the plan.
- Overlooking the requirement for attending the hearing if you oppose the relief sought.
- Not checking local court rules for specific filing requirements.
Benefits of completing this form online
- Instant access to legal templates saves time.
- Edit and customize the form to fit individual circumstances easily.
- Access to templates drafted by licensed attorneys ensures accuracy and compliance.
- Convenient filing options tailored for online submission.
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FAQ
The simplest way to get a discharge is to put in your time, receive an honorable discharge and walk away. It's also possible to leave the Army earlier if you fail to meet its military standards in some fashion. Contrary to popular legend, that doesn't mean your discharge must have been a dishonorable one.
You can apply for a discharge based on the ?genuine dependency or undue hardship? being a member of the military is causing if all of the following conditions are met: The hardship is severe and not temporary. It has developed or gotten worse since your entry into the military.
§ 1328(b) without completing all of the requirements under the chapter 13 plan. A discharge pursuant to § 1328(b) is referred to as a ?hardship discharge.? This order does not close or dismiss the case. This order means that no one may make any attempt to collect a discharged debt from the debtors personally.
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."
Counselors at the GI Rights Hotline have helped many people in the military get honorably discharged for hardship/dependency. Usually within 4-10 weeks after applying, people are free from their military obligations and able to help their family members.
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.
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.