What Does a Bankruptcy Hardship Discharge Mean?

: Chris Lee Law Firm

  Filed under: Bankruptcy

dischargeA hardship discharge is something that can take place in a Chapter 13 Bankruptcy. When this happens it means that the courts have decided to approve an early discharge rather than what was scheduled. In this case the debtor needs to petition the court for this on the grounds of undue hardship. This means that if you are going for this that you would have to show that it was through no fault of your own that you could not complete the bankruptcy payment agreement.

Considerations

Another stipulation would be that your payments have covered what would have been allotted to your creditors under a Chapter 7 Bankruptcy. It also has to be shown that even if the current payment plan were modified you still wouldn’t be able to comply with it. A prime example of having to petition the court for a hardship discharge is if you became injured or ill and were not able to work.

Every state has their own bankruptcy regulations and may have different criteria set for bankruptcy hardship. If you need to apply for this you would be wise to get a Dallas bankruptcy lawyer to assist you with this. This expert will be aware of what the standards are that would be applicable to your bankruptcy case. It may be that you will have to convert to a Chapter 7 bankruptcy, but the current circumstances surrounding your bankruptcy will help to determine this.


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