Wyoming Chapter 13 Hardship Discharge

State:
Wyoming
Control #:
WY-BKR-3180WH
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Description

Chapter 13 Hardship Discharge

Wyoming Chapter 13 Hardship Discharge is a legal process that allows a debtor to have their debt discharged without having to complete the full repayment plan. A debtor must show that they cannot complete the repayment plan due to a hardship, such as a job loss, medical emergency, or other financial difficulties. The Wyoming Chapter 13 Hardship Discharge is available to both individual and married filers. There are two types of Wyoming Chapter 13 Hardship Discharges: 1) Total Hardship Discharge and 2) Partial Hardship Discharge. A Total Hardship Discharge eliminates all unsecured debts, while a Partial Hardship Discharge eliminates only a portion of unsecured debts. The debtor must submit a petition to the bankruptcy court and provide evidence of their hardship in order to qualify for a Wyoming Chapter 13 Hardship Discharge.

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FAQ

Hardship vs Dependency. 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.

Some examples of dischargeable debts in Chapter 13 include credit card debt, medical bills, utility bills, and personal loans. Unsecured Debts ? Unsecured debts are not linked to any collateral, such as utility bills and medical bills.

If your Chapter 13 plan payment is too high, you can sometimes get it lowered if you encounter a reduction in household income. If your income reduces, you are many times also allowed to reduce your plan payment. This is accomplished usually by filing a Motion to Modify your Chapter 13 plan.

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.

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.

To obtain the hardship discharge the debtor must first show an inability to continue making the scheduled Chapter 13 plan payments. In other words, something has happened to you financially that reduced your income or ability to pay your creditors. The change in finances must be beyond the debtor's control.

To qualify for a hardship discharge, the change in your circumstances must not be your fault. Also, you must typically show that a serious and permanent reason or condition prevents you from completing your plan, such as a life-changing medical condition that arose after filing your case.

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Wyoming Chapter 13 Hardship Discharge