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Can I Get a Chapter 13 Hardship Discharge for my Bankruptcy?

Most likely if you qualified for a Chapter 13 bankruptcy at that time you entered into it with the good intention of following your approved payment plan. Circumstances can change however, and the bankruptcy courts realize this. If you are no longer able to honor your Chapter 13 bankruptcy then your Lousiville bankruptcy attorney may advise you to file for a Chapter 13 bankruptcy discharge.

In order to be approved for a Chapter 13 bankruptcy discharge there are three conditions that you must meet. You were not able to meet the payment plan obligations due to circumstances beyond your control. The creditors who you have been paying up to this point have received what they probably would have under a chapter 7 bankruptcy. Changing your plan will not help your situation.

Not all of your debts would be discharged in this hardship motion. Usually, it only applies to debts that are unsecured and considered non-priority. Also creditors have the right to file an objection when a debtor is filing for a hardship discharge.

It is important that if you are running into difficulty with your Chapter 13 bankruptcy obligations that you don't just ignore it. Otherwise, your bankruptcy will be canceled. Seek out legal advice immediately to see what your options are and whether you would qualify for a hardship discharge.

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Schwartz Bankruptcy Law Center

Office Locations:

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3339 Taylorsville Road
Louisville, KY 40205

Phone: 502-785-8549
Phone: 502-485-9200
Fax: 502-485-9220
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New Albany, Indiana 47150

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