Connecticut Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Bankruptcy Court] Connecticut District [Address] [City, State, ZIP] Re: Chapter [X] Bankruptcy Case No. [XXX] In the Matter of: [Debtor's Full Name] Dear Honorable [Judge's Last Name], I, [Debtor's Full Name], am I writing to submit my motion for a hardship discharge under section [include relevant bankruptcy code] of the Bankruptcy Code. This hardship discharge is being sought due to the extreme financial difficulties I have been facing, which have made it impossible for me to meet the obligations as initially planned in my Chapter [X] bankruptcy case. I kindly request the court's consideration and approval of this motion in light of the following circumstances: 1. Financial Hardship Explanation: — Provide a detailed description of the current financial hardship experienced by the debtor. — Elaborate on specific factors such as unemployment, severe health issues, disability, or any other disabling condition that has significantly impacted the debtor's ability to pay off debts. 2. Good Faith Efforts: — Clearly state the debtor's sincere efforts in attempting to repay creditors. — Include a list of attempts made to negotiate with creditors, seek alternative repayment options, or participate in credit counseling programs. 3. Legal Basis: — Articulate the specific section(s) of the Bankruptcy Code that allow for a hardship discharge. — Cite relevant case law or precedent demonstrating the authority for the court to grant such a discharge. Additionally, I kindly request that the court schedules a hearing regarding this motion. I understand the necessary steps and procedural requirements involved in this process, and I am prepared to provide all necessary documentation and evidence for the court's review. Please find attached a Notice of Motion form as required by the Bankruptcy Court. I have also provided copies for the respective parties, including my bankruptcy trustee and any affected creditors. I certify under penalty of perjury that the information provided in this motion is true and accurate to the best of my knowledge. Thank you for your attention to this matter. I look forward to the court's favorable consideration and a prompt resolution. Sincerely, [Your Full Name] [Case No. XXX] [Debtor's Address] [City, State, ZIP]
Connecticut Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
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FAQ
Creditors who persistently try to collect on discharged debts are breaking the law, specifically section 524 of Title 11 of the United States Code. If the creditor in question does not voluntarily stop, you should consider legal action.
Whether the trustee can take money you receive after filing your case depends on whether you were entitled to the money at the time your case was filed and how it was listed on your forms, if at all.
What happens when a creditor files an objection? A creditor's objection does not automatically prevent a discharge of debt. The debtor gets a chance to file an answer to the objection, and the court may hold a hearing to decide the issue. This is called an adversary proceeding, and it works much like any other lawsuit.
In Chapter 13 bankruptcy, a hardship discharge is a court-authorized elimination of debt when a debtor is prevented from completing the repayment plan due to financial hardship that arose while their case is open.
For restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.
If a debt arose from the debtor's intentional wrongdoing, the creditor can object to discharging it. This might involve damages related to a drunk driving accident, for example, or costs caused by intentional damage to an apartment or other property.
An objection to the debtor's discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee. Creditors receive a notice shortly after the case is filed that sets forth much important information, including the deadline for objecting to the discharge.
Sanctions, Punitive Awards and Attorneys Fees. Bankruptcy case law provides that a debtor may collect costs, reasonable attorneys fees, sanctions, punitive damages, and compensatory damages against creditors and their attorneys who violate the order of discharge.
