Chapter 13 question

[AKB]

We have 5 months left in a 5 year plan. We have never been late or missed a payment, but my husband is a truck driver and has been out of work for 2 1/2 weeks (hauls heavy equipment and nothing is going on) we called our attorney to tell her there is no way to pay this month with him having no money coming in. She said we might could get a hardship discharge. We are so close to the end I'm scared to mess up now. Is this possible that they will give us a discharge?

[justbroke]

AKB while hardship discharges are as rare as Chapter 13 discharges themselves, it is not impossible. If your attorney is considering filing for a hardship discharge then please follow his/her lead. You will likely first get a forbearance from paying into the plan and then the Attorney will work on a Motion for Hardship Discharge.

Best of luck to you and your husband.

[AKB]

Thanks! We are so close to the end and I'm just so upset about not having the payment. I just pray it all works out.

[CtheLight]

I'm curious if you were in a 0% plan. I would think it may make a difference?

[LadyInTheRed]

I'm curious if you were in a 0% plan. I would think it may make a difference?

It sounds like you are paying arrears on secured debt, so a hardship discharge is not an option unless you are ready to deal with the secured creditor outside of bankruptcy. Here's some info on hardship discharges: http://www.nolo.com/legal-encycloped...discharge.html

I just asked you some more questions in the thread you started.

[AKB]

All secured debt is payed off. The payment now is going to a company that we surrendered a 18 wheeler to and they sold it at about half value and some credit card debt. We only like 5 payments and it will be over. Husband hasn't worked in 3 weeks so paying this month is not a option. The lawyer is going to see what we can do I'm just so close to finish line don't won't to mess up.

[dmc-2008]

I dont blame you!!! Good luck!