Puerto Rico Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion: [Your Name] [Your Address] [City, State, ZIP] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Motion for Hardship Discharge and Notice of Motion Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to tender my motion for a hardship discharge in relation to my debt obligations. Enclosed with this letter, please find supporting documentation and evidence to substantiate my request. As you may be aware, life circumstances can change unexpectedly, leading to financial hardships that make it nearly impossible to fulfill debt obligations. I find myself in such a situation and sincerely seek the goodwill and understanding of the court to grant me a hardship discharge. I firmly believe it is in the best interest of both parties to find a resolution that addresses my financial difficulty without causing undue harm to all parties involved. [If applicable, briefly mention the reasons or circumstances that have led you to your current financial hardship. Use relevant keywords such as job loss, medical emergencies, natural disasters, etc.] I have thoroughly reviewed my financial records and have meticulously calculated my ability to repay my debts while ensuring my basic needs are met. Despite earnest attempts at balancing my budget, it has become evident that the current debt repayment plan is not sustainable given my limited income and unavoidable circumstances. In accordance with the legal provisions applicable to hardship discharges in Puerto Rico, I kindly request a reduction, modification, or complete elimination of my debt obligations, allowing me to regain financial stability and move forward without the overwhelming burden of excessive debt. By granting this hardship discharge, I am confident that I will be able to rebuild my financial independence and fulfill my obligations to the best of my abilities in the future. Enclosed, please find the following documents in support of my request: 1. Financial statements highlighting my current income, expenses, and assets. 2. Documentation of my recent financial hardships, such as medical bills, termination notices, etc. 3. Proof of attempts made to negotiate alternative repayment solutions with my creditors. 4. Any additional relevant documents or evidence that substantiate my financial difficulties I kindly request that you review my motion in a timely manner and schedule a hearing to consider my arguments. Please provide me with a notice of motion hearing date at your earliest convenience so that I can adequately prepare myself to present my case before the court. I want to take this opportunity to express my gratitude for your understanding and consideration of my present predicament. If required, please feel free to reach out to me at [Your Phone Number] or [Your Email Address]. Thank you for your attention to this matter. Yours sincerely, [Your Name]
Puerto Rico 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.
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.
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.
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.
