What is the difference between a hardship discharge and a regular discharge in Chapter 13 Bankruptcy?

In Chapter 13 Bankruptcy law in West Virginia, there are two types of discharges: a hardship discharge and a regular discharge. A regular discharge is a release from personal liability for certain debts and from the individual’s obligation to make payments on those debts. This discharge is available at the end of the Chapter 13 repayment plan period, provided that all the payments are made in full. A hardship discharge, on the other hand, is available when the debtor is unable to complete the repayment plan. This type of discharge may be obtained when the debtor’s income falls below a certain level or when the debtor experiences an unexpected illness or financial hardship. In order to qualify for a hardship discharge, the debtor must prove to the court that the hardship is permanent and will prevent them from completing their repayment plan. In conclusion, the main difference between a hardship discharge and a regular discharge in Chapter 13 bankruptcy is that the hardship discharge occurs when the debtor can no longer financially handle the Chapter 13 repayment plan, despite their best efforts. A regular discharge, on the other hand, is available once all payments under the plan have been successfully completed.

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What is the difference between a hardship discharge and a regular discharge in Chapter 13 Bankruptcy?

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