[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Bankruptcy Court Clerk] [Bankruptcy Court] [Address] [City, State, ZIP Code] Re: Debtor's Motion for Hardship Discharge and Notice of Motion Case No: [Case Number] Chapter: [Chapter Number] Debtor: [Debtor's Full Name] Dear [Bankruptcy Court Clerk], I am writing to request a hardship discharge as a debtor in the state of North Dakota, pursuant to [relevant bankruptcy laws or guidelines in North Dakota]. As per [Timeframe], I have been diligently fulfilling my obligations and have experienced significant financial hardship that prevents me from fulfilling my remaining duties under the Chapter [Chapter Number] bankruptcy plan. I respectfully request the Court to consider granting a hardship discharge, taking into account the following circumstances: 1. Financial Hardship: Provide a detailed description of the financial difficulties being faced, such as loss of employment, unforeseen medical expenses, increase in living costs, reduction in income, and any other relevant factors contributing to the hardship. 2. Good Faith Efforts: Outline the efforts made to comply with the bankruptcy plan, such as making regular payments, attending required credit counseling courses, and providing accurate financial information. Additionally, mention any efforts made to secure employment or increase income during the bankruptcy process. 3. Inability to Complete Plan: Explain the specific reasons why it is impossible or unfeasible to complete the remaining obligations of the bankruptcy plan within the designated timeframe. Provide any supporting evidence, such as updated financial statements, bills, or legal documentation related to the circumstances preventing compliance. I have attached the necessary documents in support of my motion, including financial statements, updated income details, and relevant supporting documents. I request that they be included in my case file for the court's review. Enclosed Documents: 1. Updated Financial Statements: [Provide a detailed breakdown of current income, expenses, debts, and assets] 2. Supporting Documents: [Attach copies of bills, medical records, termination letters, or any other relevant documents] Furthermore, I hereby request a hearing to present my case before the Court. As per the local rules, kindly inform me of the hearing date and time at your earliest convenience. I understand the Court's decision will be based on the merits of my motion and the evidence presented. Please consider this letter as an official notice of motion for hardship discharge. Your prompt attention to this matter is greatly appreciated. Should you require any further information or have any questions regarding my motion, please do not hesitate to contact me at the provided email address or phone number. Thank you for your time and consideration. Sincerely, [Your Name] cc: [Trustee Name] [Opposing Counsel (if applicable)]
North Dakota Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
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How to fill out North Dakota Sample Letter For Debtor's Motion For Hardship Discharge And Notice Of Motion?
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FAQ
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.
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.
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.
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.
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.
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.
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).
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.
