Travis Texas Sample Letter for Debtor's Motion for Hardship Discharge and Notice of Motion
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How to fill out Sample Letter For Debtor's Motion For Hardship Discharge And Notice Of Motion?
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FAQ
Chapter 13 Bankruptcy Plan Extension under CARES Act CARES Act allows the extension of chapter 13 debtor's confirmed plans up to 84 months. This extension translates to an additional 24 months up from the usual 60-month limit on chapter 13 cases.
Counselors at the GI Rights Hotline have helped many people in the military get honorably discharged for hardship/dependency. Usually within 4-10 weeks after applying, people are free from their military obligations and able to help their family members.
11 U.S.C. § 1328(h). The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions.
Generally, this discharge requires severe medical, psychological or financial problems in the member's immediate family. Medical and psychological problems are termed dependency, while financial problems are described as hardship, though many military personnel use the terms interchangeably.
A hardship discharge is intended to be used as an instrument to alleviate personal hardship encountered by an enlisted member's immediate family when discharge is the only solution. It will not be used as a means to rid the Service of a burden to the command.
Generally, this discharge requires severe medical, psychological or financial problems in the member's immediate family. Medical and psychological problems are termed dependency, while financial problems are described as hardship, though many military personnel use the terms interchangeably.
An obvious benefit of a hardship Discharge is the ability to work through the hardship itself. Also, the discharge paperwork will have a discharge characterization, which means it is likely to either be Honorable or General under Honorable Conditions. Also, in most cases, service members receive their discharge.
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.
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.
Once your Chapter 13 proceeding closes, and you've finished your repayment plan, you'll get a discharge order that clears the remaining balance of qualifying debt. This debt includes most kinds of non-priority unsecured debts, including credit cards, medical bills, personal loans not secured by collateral, and more.
