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

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

Kannapolis, NC -

Attorney Answers (4)

Ryan Cullen Wood

Ryan Cullen Wood

Chapter 13 Bankruptcy Attorney - Redwood City, CA
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
Brian Crozier Whitaker

Brian Crozier Whitaker

Bankruptcy Attorney - San Diego, CA
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.

Dorothy G Bunce

Dorothy G Bunce

Chapter 13 Bankruptcy Attorney - Las Vegas, NV
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!

Lucy Magness Hebron

Lucy Magness Hebron

Bankruptcy Attorney - Mineola, TX
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.

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