How do I find out if there is a form for filing a hardship discharge available on line?

Asked almost 2 years ago - Kannapolis, NC

My husband passed away and I need to file for a hardship discharge from our chapter 13 bankruptcy.

Attorney answers (4)

  1. Ryan Cullen Wood

    Contributor Level 8

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    Best Answer
    chosen by asker

    Answered . I am sorry for your loss. First, consult your attorney. If you do not have one go to your bankruptcy court's website and check the forms area for a hardship discharge motion. If you are representing your self the court will give you more latitude in what you file. You could hand write the motion and declaration. You must give notice to your creditors too. It is not a extremely complicated process, but you need it done right the first time and just move on with life at this point. Call your local bar association for a referral to an experienced bankruptcy attorney.

    Ryan C. Wood is a Bay Area bankruptcy lawyer and has been practicing exclusively bankruptcy law in California since 2007. Mr. Wood formerly worked for David Burchard, Chapter 13 Trustee for the Santa Rosa and San Francisco Divisions of the United States Bankruptcy Court for the Northern District of California. West Coast Bankruptcy Attorneys has filed hundreds of bankruptcy cases and has an “A” rating by the Better Business Bureau.

    Legal Disclaimer: Ryan C. Wood practices law in California only. Any answers to questions re not intended to be... more
  2. Brian Crozier Whitaker

    Contributor Level 17

    5

    Lawyers agree

    Answered . I doubt there is a Form for this. You'll need to have someone prepare the Motion on pleading paper, attach a Declaration signed under penalty of perjury, and file it with the court.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree that there probably isn't a standard prepared form, but if there is, the place to look is the local bankruptcy court's website. Hope this perspective helps!

  4. Lucy Magness Hebron

    Contributor Level 10

    4

    Lawyers agree

    Answered . Sorry to hear about the passing of your husband. You should contact your chapter 13 attorney for help with this. If you need to modify your chapter 13 plan the attorney can and should advise you.

    This answer is for informational purposes only and may not be relied upon as legal advice.

Related Topics

Chapter 13 bankruptcy

Chapter 13 bankruptcy is called a wage earner's plan because it lets people who earn an income repay their debt (all or some) over time and keep their property.

Hardship discharges in bankruptcy

A debtor may be eligible for a hardship discharge if he or she is unable to complete payment plans in a bankruptcy due to hardship.

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