Hardship Discharge - Chapter 12

Rev. 1/15/2019


11 U.S.C. § 1228



If payments under a plan are not completed due to circumstances for which the debtor "should not justly be held accountable" 11 U.S.C. § 1228(b)(1), and other statutory criteria have been met, a debtor may be excused from completing payments under a plan of reorganization.


A discharge granted under section 11 U.S.C. § 1228(c) is often referred to as a "hardship discharge".



Docket Event:


[Bankruptcy> Motions/Applications> Hardship Discharge]




KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Set for Hearing

Set for Hearing

Proposed Order

Proposed Order


No objections:

 - prepare order granting motion.

 - after entering order granting motion - issue hardship discharge.


Docket Event:


[Bankruptcy> Orders/Opinions>Other Orders> Discharging Debtor(s) 12 before plan completion]


Disposition method: Hardship Discharge


Discharge Forms:

  • debtor or both debtors in joint case Form - 3180FH - Ch 12 Hardship Discharge

  • debtor 1 in joint case: Form - 3180FHJ1 - Ch 12 Hardship Disch - Db 1

  • debtor 2 in joint case: Form - 3180FHJ2 - Ch 12 Hardship Disch - Db 2


After the trustee files the Chapter 12 final report and account and objection period expires, proceed to close the case.   See Closing Chapter 12