North Carolina Debtor's Disclosure of Information Regarding Domestic Support Obligations form-Hardship Discharge) --Revised:11/2008) is a document used by North Carolina debtors to provide information to the court regarding their domestic support obligations. The form is used by creditors when filing an objection to a debtor's request for a discharge based on hardship. The form requires the debtor to provide information about all outstanding domestic support obligations, including child support, spousal support, and alimony, that they are currently obligated to pay. The form also requires the debtor to provide information about any domestic support payments made during the past six months, and to provide information about any other domestic support obligations that they have outstanding. Depending on the circumstances, the debtor may also be required to provide information about any domestic support arrears owed to the creditor. The form also requires the debtor to provide information about any other domestic support obligations that they have not yet fulfilled. There are two types of North Carolina Debtor's Disclosure of Information Regarding Domestic Support Obligations forms-Hardship Discharge) --Revised:11/2008): one for individuals, and one for married couples. The form for individuals requires the debtor to provide information about their current domestic support obligations, any payments made in the past six months, and any arrears owed to the creditor. The form for married couples requires both spouses to provide information about their current domestic support obligations, any payments made in the past six months, and any arrears owed to the creditor.
North Carolina Debtor's Disclosure of Information Regarding Domestic Support Obligations form-Hardship Discharge) --Revised:11/2008)
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If a debtor fails to keep up with payments under their repayment plan in a Chapter 13 bankruptcy, the bankruptcy trustee may file a motion to dismiss their case. This means that their debts would not be discharged because the case would be considered unsuccessful.
The amount of time you need to wait to apply for a conventional loan after a Chapter 13 bankruptcy depends on how a court chooses to handle your bankruptcy. If the court dismisses your bankruptcy, you must wait at least 4 years from your dismissal date before you can apply.
As a result, most Chapter 13 plans do not have to provide for the repayment of unsecured debts. The only instance when Chapter 13 plans must provide for payment of unsecured debts is when an unsecured creditor objects to the plan. If this happens, the debtor must pass a ?disposable income? test.
Your debts will not be discharged. Often creditors?especially unsecured creditors?don't bother to file claims with the bankruptcy court and their debts get discharged, but only if you complete the plan. When the case is dismissed, those creditors stay with you.
A 100% plan is a Chapter 13 bankruptcy in which you develop a plan with your attorney and creditors to pay back your debt. It is required to pay back all secured debt and 100% of all unsecured debt.
If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void.
As your case enters its final stages, the Chapter 13 Trustee will complete an audit of your case. This audit ensures the Trustee has paid out all necessary payments to creditors and all the required laws have been followed.