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
Legal Disclaimer: Ryan C. Wood practices law in California only. Any answers to questions re not intended to be legal advice or create an attorney-client relationship. Always consult an attorney in your jurisdiction about your particular circumstances.
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.