Order granting motion for hardship discharge - Form 23 NOT filed
Overview of this form
The Order Granting Motion for Hardship Discharge is a legal document used in bankruptcy proceedings. This form allows a debtor to obtain a discharge of their debts under certain conditions specified by the law, specifically under 11 U.S.C. § 1328(b). Unlike standard discharge forms, this order is specifically for cases where a debtor faces undue hardship in fulfilling the requirements of a Chapter 13 repayment plan, allowing for a more flexible resolution.
What’s included in this form
- Case Information: Fields for the debtor's name, case number, and chapter type.
- Findings: Court findings that the requirements for granting a hardship discharge have been met.
- Instructional Course Requirement: A stipulation that the debtor must complete a financial management course.
- Certification Filing: Details on required filings to obtain the discharge within a specific timeframe.
- Judgeâs Signature: Space for the bankruptcy judgeâs signature and the date of the order.
Common use cases
This form is needed when a debtor in a Chapter 13 bankruptcy case has been unable to complete their repayment plan due to unforeseen hardships. It is particularly applicable in situations where the debtor's financial circumstances have changed significantly, making it impossible for them to meet their obligations. The form allows the court to grant a discharge despite the failure to complete the plan as originally stated.
Who needs this form
- Individuals currently undergoing Chapter 13 bankruptcy proceedings.
- Debtors who can demonstrate that they are experiencing undue hardship preventing them from completing their repayment plan.
- Persons willing to complete an instructional course on personal financial management as mandated by federal law.
Instructions for completing this form
- Identify the parties: Fill in the name of the debtor(s) and associated case number.
- Complete court findings: Ensure that all necessary findings are clearly articulated, confirming the hardship circumstances.
- Specify requirements: Detail the completion of the financial management course and timeline for certification.
- Sign the form: The court judge must sign and date the document to validate it.
- File the form: Submit the completed form to the bankruptcy court before the deadline to ensure it is processed correctly.
Notarization guidance
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to complete and file the required financial management course certification within the specified timeframe.
- Leaving out necessary case information, such as the debtor's name or case number.
- Not obtaining the judgeâs signature before filing the order with the court.
- Submitting the form in the wrong court or not adhering to jurisdiction-specific requirements.
Benefits of completing this form online
- Convenience: Download and complete the form at your own pace, anytime that suits you.
- Editability: Easily fill out the form with the ability to correct any errors before submission.
- Reliability: Access forms that are drafted and updated by licensed attorneys, ensuring compliance with current laws.
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FAQ
About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.
The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.
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.
For most filers, a Chapter 7 case will end when you receive your discharge?the order that forgives qualified debt?about four to six months after filing the bankruptcy paperwork.
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.
The bankruptcy trustee will typically be entitled to claim any non-exempt portion of the settlement and distribute it to creditors.
An "Adversary Proceeding" in bankruptcy court has the same meaning as a lawsuit in other courts. This means that one or more "plaintiff(s)" file a "complaint" against one or more "defendant(s)." In many situations an adversary proceeding is required if a plaintiff wants to obtain a particular type of relief.
Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing.
