anyone know about ch 13 hardship discharges?

[jane taylor]

This is unreal!!! First my dh has major surgery then complications and I went to the doctor today with what I thought was a sinus infection and a flare-up of my fibromyalgia when I found out I probably have a slipped disc in my neck! I'm making this short as I'm in so much pain, but does anyone know if a hardship discharge is possible in a 13? We are in a 0% to unsecured plan which has been confirmed.

Thanks, y'all.

jane

[$$only4ever]

Jane,

I am so sorry to hear that you are having troubles. I did find two web sites for you concerning chapter 13 hardship discharge:

http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter13.html

http://www.doney.net/bkbasics/ch13e.htm

I hope that this information helps. Good luck and keep us posted. We do care about how you are doing.

[Fedler]

Gonna be tough to get a hardship discharge if all this stuff just happened. Are you both you and your husband nearly permanently disabled? If you got your hardship discharge, what will you use to pay expenses? If either of you can still work, I wouldn't count on a complete discharge. They'll just modify your plan to fit your lower income.

If you both have already applied for and received Social Security Disability, then you probably have a good shot. Of course your disability insurance would probably kick in before that.

[lrprn]

Jane, so sorry to hear about these latest troubles for you .

If you and/or hubby are even partially disabled and can't work at the income level used to calculate your Ch 13, since your case is already at $0 for creditors, you couldn't have much disposable income at all. If your combined incomes falls much lower and won't improve in the long run, could your Ch 13 be modified over to a Ch 7? What does your lawyer have to say?

[SinkingFast]

Gonna be tough to get a hardship discharge if all this stuff just happened. Are you both you and your husband nearly permanently disabled? If you got your hardship discharge, what will you use to pay expenses? If either of you can still work, I wouldn't count on a complete discharge. They'll just modify your plan to fit your lower income.

If you both have already applied for and received Social Security Disability, then you probably have a good shot. Of course your disability insurance would probably kick in before that.

You really know nothing about SSDI.

Anyone who's applied for SSDI, or anybody who knows someone that's applied for SSDI, generally does not get approved on the first application. Many not on the 2nd application. I personally know someone who had to finally hire an attny to get SSDI.

I'm talking people with kidney failure, and congestive heart failure, and degenerative bone conditions. MAJOR illnesses.

Even if Jane and Hubby begin the process to apply for SSDI immediately, they may not be approved for or receive benefits for years.

[Jman30]

Jane, so sorry to hear about these latest troubles for you .

If you and/or hubby are even partially disabled and can't work at the income level used to calculate your Ch 13, since your case is already at $0 for creditors, you couldn't have much disposable income at all. If your combined incomes falls much lower and won't improve in the long run, could your Ch 13 be modified over to a Ch 7? What does your lawyer have to say?

Jane, I am very sorry to hear about your troubles. I have always enjoyed yours posts.

I would DEFINITELY call your attorney immediately....and lrprn brings up a point? Can you convert to a 7 or would you lose a house and cars if you did?

Your situation has DRASTICALLY changed from when you filed. There has to be something they can do.

[jane taylor]

Thanks, y'all! I have a call into the lawyer. Losing the house is a possibility, but, you know, there are worse things! Our health and sanity mean too much.

Will keep you posted and again, thank you!!!

jane