How do I obtain a hardship discharge in Chapter 13 Bankruptcy?
In Virginia, obtaining a hardship discharge in Chapter 13 Bankruptcy requires you to follow a specific process. First, you must have filed a Chapter 13 plan with the bankruptcy court for a minimum of two years. Second, you must prove to the court that due to circumstances beyond your control, you are unable to continue paying back your creditors. This is known as “unforeseen circumstances.” You must provide evidence that you have made your best efforts to meet your debt requirements, and that it is no longer possible. Third, you must prove that you do not have the financial resources required to continue with the repayment plan. You will need to submit a detailed financial statement, including all of your income and expenses, so that the court can assess whether you are meeting your financial obligations. Once you have proven that you are no longer able to make payments, the court may grant you a hardship discharge. This means that you no longer have to pay back your creditors, and your debt is legally discharged. The discharge gives you the chance to improve your financial situation and make a fresh start. However, it is important to note that a hardship discharge is not available for all debt types. It is only available for unsecured debt, such as credit card and medical bills.
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