Hardship Discharge - Chapter 13

08/29/2011

 

Discharge Prior to Completion of Plan - Pursuant to Fed. R. Bank. P. 4007(d) The court shall enter an order fixing the time to file a complaint to determine the dischargeability of any debt under Section § 523(a)(6) and shall give no less than 30 days' notice of the time fixed to all creditors in the manner provided in Fed. R. Bank. P. 2002.

 

Note:

The requirement to file a certification regarding the status of domestic support obligations (as defined at 11  U.S.C. § 101(14A)) and that the debtor is not disqualified by the provisions of 11 U.S.C. § 1328(h) from receiving a discharge, does not apply for cases filed before October 17, 2005.

 

Cases filed on or after March 10, 2008 are required to complete Instructional Course Concerning Financial Management and file Official Form B 23 before a discharge can be entered.  See Financial Management Course - Ch 13

 

Docket Event:

[Bankruptcy> Motions/Applications> Hardship Discharge]

 

EE Cases:

Requirements:

 

Motion with Certificate of Service

*Effective May 1, 2009 per the "Standing Order Adopting Procedures for Obtaining Discharge in Completed Chapter 13 Cases" the motion for hardship discharge must include certification regarding the status of domestic support obligations (as defined at 11  U.S.C. § 101(14A)) and that the debtor is not disqualified by the provisions of 11 U.S.C. § 1328(h) from receiving a discharge.

 

KMS and NPO Cases:

Requirements:

 

Motion with Certificate of Service

*Effective May 1, 2009 per the "Standing Order Adopting Procedures for Obtaining Discharge in Completed Chapter 13 Cases" the motion for hardship discharge must include certification regarding the status of domestic support obligations (as defined at 11  U.S.C. § 101(14A)) and that the debtor is not disqualified by the provisions of 11 U.S.C. § 1328(h) from receiving a discharge.

 

Set for Hearing