[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debtor's Name] [Debtor's Address] [City, State, ZIP Code] Re: Notice of Motion and Sample Letter for Debtor's Motion for Hardship Discharge Dear [Debtor's Name], I hope this letter finds you well. I am writing to provide you with a detailed description and a sample letter for a Debtor's Motion for Hardship Discharge in the state of Minnesota. A Debtor's Motion for Hardship Discharge is a legal request made by an individual who is struggling to repay their debts due to financial hardship. This motion enables the debtor to seek relief from the court, essentially requesting a discharge from certain debts under Chapter 7 bankruptcy. In Minnesota, there are different types of situations in which a debtor may file a motion for hardship discharge. These include but are not limited to the following: 1. Medical Hardship: If the debtor is burdened with unmanageable medical expenses, such as substantial medical bills or ongoing healthcare needs, they may be eligible for a hardship discharge. 2. Loss of Income: If the debtor experiences a significant reduction or loss of income due to factors beyond their control, such as job loss or business closure, they may be eligible for a hardship discharge. 3. Disability or Incapacity: If the debtor is suffering from a disability or incapacitation that prevents them from earning an income or repaying their debts, they may be eligible for a hardship discharge. 4. Other Extraordinary Circumstances: There may be other exceptional circumstances that qualify for a hardship discharge, including natural disasters, divorce, or unforeseen financial emergencies. It is important to thoroughly explain your specific situation in the motion to provide the court with a clear understanding of your hardship. When filing a Debtor's Motion for Hardship Discharge in Minnesota, it is crucial to include a well-crafted letter explaining your financial situation and reasons for seeking a hardship discharge. The sample letter provided below can serve as a guideline to assist you in drafting your own personalized letter: [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Bankruptcy Court's Address] [City, State, ZIP Code] Dear Honorable Judge [Judge's Last Name], RE: Debtor's Motion for Hardship Discharge under Chapter 7 Bankruptcy Case No. [Case Number] I hope this letter serves as additional support for my Debtor's Motion for Hardship Discharge in accordance with Minnesota bankruptcy laws. I am writing to provide you with an in-depth understanding of my financial situation and the reasons why I am seeking a hardship discharge. [Provide a brief overview of your current financial state, including any outstanding debts, income, assets, and expenses. Emphasize any hardships you are facing due to the specific circumstances mentioned in the motion, such as medical expenses, loss of income, disability, or other extraordinary circumstances.] I firmly believe that a hardship discharge in my case will provide the necessary relief to allow me to regain financial stability and rebuild my life. The discharge would allow me to focus on securing necessary medical treatments, supporting my family, and working towards a more stable future. I kindly request your consideration of my motion and appreciate your attention to this matter. Should you require any further information or documentation, please do not hesitate to contact me at your convenience. Thank you for your time and understanding. Sincerely, [Your Name] Enclosures: 1. Debtor's Motion for Hardship Discharge 2. Supporting financial documents (if applicable) 3. Any additional documentation mentioned in the motion Please note that this sample letter should be customized to reflect your specific circumstances and be prepared in consultation with your attorney if you have one. I hope this detailed description and sample letter assist you in preparing your own Debtor's Motion for Hardship Discharge and Notice of Motion. Should you have any further questions or require any additional information, please feel free to reach out to me at your convenience. Wishing you the best of luck in your bankruptcy proceedings. Sincerely, [Your Name]
Minnesota Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
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FAQ
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.
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.
How Long Does Chapter 13 Discharge Take? Discharging debt through Chapter 13 may take 6 to 8 weeks after the final payment is made on your 3 to 5-year repayment plan (whichever was approved by the bankruptcy court).
In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan. As in chapter 7, however, discharge may not occur in chapter 13 if the debtor fails to complete a required course on personal financial management.
If your case is dismissed, you are entitled to a refund of any money that is still in the trustee's possession. However, the trustee has to get approval from the court to send the money back to you, and they are allowed to take their administrative fees out of that money before refunding it.
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.
How Long Does Chapter 13 Discharge Take? Discharging debt through Chapter 13 may take 6 to 8 weeks after the final payment is made on your 3 to 5-year repayment plan (whichever was approved by the bankruptcy court).
After Plan Completion: After all payments have been completed, the Chapter 13 Trustee will file a Motion to Return any Excess Funds to Debtor and to Terminate any Payroll Deduction by Employer. If the Motion is granted, the Court will enter an order granting the motion and issue two notices.
