Where to find info on hardship discharges ?

[Lacy]

Does anyone know where I could find some info on hardship discharges ?? .... I have looked online for info on it and I cant seem to find much on it.

I have called my attorney 2 times now that handled our chapter 13 and someone was always suppose to call me back. But so far no one has. When I talk to the lady both times she sure did question me about where I had heard of a hardship discharge. And also told me she didn't think they had ever handle one before. So that had me concerned in away. I wonder if I should contact the trustee and ask them ???

I only have 9 months left on it but if there is some way I could get it discharged early it sure would be nice. Being recently my husband passed away and was the sole income provider. We had credit life on his vehicle that is on it which most the payments go on it. But it expired a few months ago unfortunately. We also had it on the house loan which we pay separate from the chapter 13 payment. And thank the lord it is still good. But if I could just get this chapter 13 taken care of I would be debt free. Which would help take a load off of some of the worries I have.



So any help would be greatly appreciated !

[Flamingo]

The person you need to speak with is your attorney handling your Chapter 13. No one on here has all your financial background information or complete details of your Plan. You did not mention (unless I missed it previously) that your attorney was informed of your husband's passing and I am wondering if any adjustments were made to your Plan at that time. He certainly would have mentioned what you could or could not do if there was a major change in your household income upon the deatl of your husband. Again, I am sorry as to his passing - I know it is difficult.

Get ahold of his assistant or paralegal and advise them you need to see or speak to your attorney over the phone about a loss of income in your Plan from the death of your husband. Make an appointment to see him if necessasry; if no return call within a short period of time, go in there physically and state you are not getting a response from your attorney.

Best of luck to you...

[southernbelle]

I found this online:

A "hardship discharge" may be granted under Section 1328(b) even if a debtor has failed to complete payments under the plan. The failure to complete the plan payments must be due to circumstances for which the debtor should not justly be held accountable. The value of property received by creditors under the plan must not be less than the creditors would have received in a Chapter 7, and it is impractical to modify the plan. This discharge is the same as the debtor would have received in a Chapter 7. The Bankruptcy Court may award a hardship discharge, after notice and a hearing, only if these conditions listed in Section 1328(b) are present.

I agree with Flamingo. You should get in touch with your atty. so that they can handle this for you. If they don't answer the phone, I would stop by their office if the plan payments are causing you undue harship.

[Lacy]

Thanks flamingo and southernbelle for responding.

I contacted my attorney's office again today and was told the main attorney there wouldn't be back in until Monday. She said she had spoken to someone there about my situation but they wanted let the main one there deal with it. So I have to wait again and hope someone will REALLY call me back this time. Also contacted the trustee was told I needed to talk with my attorney.

I wish there was more info about hardship but I cant seem to find much on it.


Again thank you both.