Hardship discharge or dismissal question hypothetca ony

[dmc-2008]

So I am a worry wort! Lately my health has been wreaking havoc. No missed days at work but someday in the next four years if medical gets bad I would like to have just a basic idea of what might happen .

Lets say I need a transplant or let's say I have a condition that disables me from going to work.

I am 1 year into a 13 with an approved lien strip. Would a judge just dismiss my case and put us on the street or would we file a hardship discharge that would allow me to maybe take retirement disability early and try to stay in home?

I know this is a lot so I appreciate your time!

Hope you are having a wonderfull weekend! I would like to ad that I have two serious diseases nipping at my heals and I do all I can to stay fit and healthy but somtimes it not enough when doc pumps you full of poison! :-)

[dmc-2008]

Btw.... Switching to kaiser to mitigate possible financial trouble too!

[dmc-2008]

I went online and if anyone's curious, you can get a medical discharge if you can't work again. Lets hope it would never come to that!!!!

Hope you are enjoying your Labor Day weekend!!

[justbroke]

You can certainly receive a hardship discharge from a Chapter 13. However, it is not the same "super-discharge" that you would receive under a traditional Chapter 13 discharge. That could matter, but if your health is poor I suppose nothing else really matters.

[dmc-2008]

What would be some of the differences? Yes my health come first!

[justbroke]

There are things dischargeable in a (full) Chapter 13, that you won't get form a Chapter 7 or hardship discharge.

• Civil Fines & Penalties
• Debts from a Final Decree of Divorce (Dissolution of Marriage)
• Debts marked as non-dischargeable by a prior filing of bankruptcy
• Certain debts from lawsuits arising from damages to property

Don't take this list as the definitive source, but you can see there are several things in a Chapter 13 that you can't discharge in a Chapter 7 (or hardship discharge). In actuality, the Chapter 13 "Super Discharge" as it is known, was much more powerful before then 2005 changes in the BAPCPA.

[dmc-2008]

Thank you for that. Nothing there would apply to me. Thanks again. Nothing bad is going to happen, I am going to discharge in 2017 with full health!!! Positive thoughts!

[Pandora]

Omgoodness... slow down dmc...you just began your CH. 13 journey and its stressful enough as it is (gently hugs). Take it one day at a time. I know you said you have some medical issues "nipping at your heals" currently, but are they that bad at the moment or are you playing "what if"? If you should ever reach that health bridge, cross it at that point - dont make yourself sick today worrying about something that may never happen dearest.

S L O W down and relax... have a glass of wine

[dmc-2008]

Thank you Pandora! You are right! I will cross that bridge if I ever come to it! My gosh I guess I am so worried about every aspect of my life right now! And I am a big sissy! Thank you for the kind reminder!