Worcester Hardship Discharge Attorney

What Is a Chapter 13 Hardship Discharge?

At the end of a Chapter 13 repayment plan, the remainder of your nonpriority unsecured debt is discharged. That means you are no longer obligated to those creditors. Most Chapter 13 plans cover a three- to five-year period during which time unforeseen circumstances may arise.

If these circumstances are so burdensome as to prevent you from being able to fulfill your obligations under the plan, you may be able to request a hardship discharge from the court. Such a discharge would relieve you of certain unsecured debt before you complete the repayment plan. Additionally, you must meet all the conditions from the court in order to qualify.

How to File a Chapter 13 Hardship Discharge

If you have found yourself in this situation, it is best to seek the services of a knowledgeable attorney. As a Worcester hardship discharge lawyer with extensive experience, I can provide the legal help you need.

It has always been my priority to enhance the lives of my clients through effective debt relief options. I can assess your situation to determine if you are eligible for a hardship discharge and seek this relief through the court on your behalf.

Chapter 13 Hardship Discharge Requirements

In order to be granted a hardship discharge, you will need to meet three conditions.

These conditions areas follows:

• You are unable to complete your repayment plan due to a hardship that was not in your control. This type of hardship must be something serious and/or permanent. It cannot be something like a temporary medical problem or a temporary loss of work.
• The payments you have made so far under the plan amount to what your unsecured creditors would have obtained if you had filed for a Chapter 7 bankruptcy.
• Your circumstances are so severe that a modification of your plan still would not result in your ability to complete it.

If the court grants you a Chapter 13 hardship discharge, only your nonpriority unsecured debts, such as credit card or medical debt, will be fully discharged. Priority unsecured debts will not.

Priority unsecured debts are those that are owed to the government or are due based on public policy, such as child and spousal support, certain types of taxes, personal injury settlement debts, or criminal fines.