Hardship Discharge - Chapter 13

06/11/2014

 

Fed. R. Bank. P. 4007(d)

 

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

 

Cases filed prior to October 17, 2005

A certification regarding the following is not required:

 

Cases filed on or after March 10, 2008

Before the debtor can receive a discharge the debtor(s) must:

  • complete an Instructional Course Concerning Financial Management; and
  • file a certification of completion (Official Form B 23) OR the course provider notifies the court the debtor completed the course.  See Financial Management Course - Ch 13

 

 

Requirements:

 

EE Cases

KMS Cases

NPO Cases

*Motion with Certificate of Service

*Motion with Certificate of Service

*Motion with Certificate of Service

Proposed Order

Proposed Order

Proposed Order

 

Set for Hearing

Set for Hearing

 

Docket Event:

[Bankruptcy> Motions/Applications> Hardship Discharge]

 

*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.