[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Re: Debtor's Motion for Hardship Discharge and Notice of Motion Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to formally request a hardship discharge as outlined in the Bankruptcy Code of Montana. As a debtor facing extreme financial difficulties, I believe that my circumstances warrant relief from my remaining debts. I have carefully reviewed Section 1328(b) of the Bankruptcy Code, which lists the criteria for granting a hardship discharge. From my understanding, a debtor may be considered eligible for a hardship discharge if they have experienced circumstances beyond their control, making it impossible for them to complete their Chapter 13 repayment plan while still fulfilling their basic living expenses. I find myself in such a situation due to [briefly explain the reasons for your financial hardship]. These unforeseen circumstances have severely impacted my ability to maintain a steady income and meet my financial obligations. Despite my sincere efforts, it has become increasingly evident that I am unable to continue with my current repayment plan. To validate my claim for a hardship discharge, I have attached the necessary supporting documentation, including [list the supporting documents such as medical records, termination letters, or any other relevant evidence]. I trust that these documents will provide sufficient evidence to support my request for a hardship discharge. In order to duly present my case, I will be filing a motion with the [court name] on [date intended for filing]. I kindly request your cooperation in arranging the necessary proceedings for a hearing in a timely manner. If there are any specific guidelines or procedures I need to follow in this regard, please provide me with the appropriate instructions or forms so that I may comply accordingly. I understand the importance of this request for both parties involved. It is not my intention to evade my responsibilities, but rather to seek the appropriate relief that will allow me to rebuild my financial stability. I am fully committed to working towards a fair resolution and appreciate your understanding and cooperation throughout this process. Thank you for your attention to this matter. I sincerely look forward to a positive resolution and having the opportunity to restore my financial well-being. Should you require any additional information or documents, please do not hesitate to contact me at the provided contact information. Yours sincerely, [Your Name]
Montana Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
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FAQ
When you file for bankruptcy or make a consumer proposal, your debts are discharged, including taxes, credit cards, late bills, lines of credit and personal loans. Under the Bankruptcy and Insolvency Act, only the following debts are not discharged: Fines, penalties or offenses. Alimony and child support.
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.
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.
Discharge (of debts) refers to the process in bankruptcy court, when a debtor is no longer liable for their debts, and the lender is no longer allowed to make attempts to collect the debt. The court will issue a decision to discharge debts.
A hardship discharge ends your Chapter 13 plan, so your opportunity to catch up with debt such as missed mortgage or car payments, priority tax debts or secured tax debts, or past-due child or spousal support also ends.
