Indiana Chapter 13 Hardship Discharge is a special type of bankruptcy filing that allows a debtor to have their eligible debts discharged without having to complete the repayment plan outlined in their Chapter 13 repayment plan. This is generally offered in cases where the debtor is suffering from a financial hardship that prevents them from making the required payments. The hardship could include a job loss, medical illness, or other life event that has left the debtor unable to make the payments. There are two different types of Indiana Chapter 13 Hardship Discharge: a total discharge and a partial discharge. With a total discharge, all eligible debts are discharged, while with a partial discharge, only some debts can be discharged. In both cases, the debtor must prove to the court that they are not able to make the necessary payments and that the hardship is long-term.
Indiana Chapter 13 Hardship Discharge
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How to fill out Indiana Chapter 13 Hardship Discharge?
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(2) Hardship. Hardship exists when, in circumstances not involving death or disability of a member of a Soldiers family, separation from the service would materially affect the care or support of the Soldier's family by materially alleviating undue hardship.
How to Qualify for a Chapter 13 Hardship Discharge Prove that you were unable to complete payments due to circumstances beyond your control.Have paid unsecured creditors an amount equal to that of a Chapter 7 bankruptcy.Show it's not feasible to modify your current plan.
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.
An example of a Hardship Discharge would be if you are married and have children, but your spouse dies, leaving you to the sole parent to children. What is this? In this case, your kids' care takes priority, and the military will grant a Hardship Discharge because it is convenient for the government.
Some examples of dischargeable debts in Chapter 13 include credit card debt, medical bills, utility bills, and personal loans. Unsecured Debts ? Unsecured debts are not linked to any collateral, such as utility bills and medical bills.
Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated
It's designed so you'll pay the amount you can afford. Therefore, the court will only let you complete your Chapter 13 bankruptcy early under two conditions: You can pay all of your claims, including unsecured debts, in full, or you can prove a financial hardship.
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.