Hardship Discharge Under 11 USC 1328(a) - Chapter 13

Rev. 7/01/2021

 

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

11 U.S.C. § 1328(a)

 

 

 

The below information is regarding a Hardship Discharge under 11 USC 1328(a).

 

Click here for information regarding a motion for discharge under 11 USC 1328(i).

 

When a debtor files a motion for a hardship discharge under 11 USC 1328(a) (before completion of the plan), the court will enter an order fixing the time to file a complaint to determine the dischargeability of any debt under Section § 523(a)(6). The order must give no less than 30 days' notice to all creditors.  See Fed. R. Bank. P. 2002.

 

Cases filed before 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 423) or the course provider notifies the court the debtor completed the course.  See Financial Management Course - Ch 13

 

 

Requirements:

 

KMS Cases

JAW Cases

Motion* with Certificate of Service

Motion* with Certificate of Service

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.