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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34106
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I have completed 60 months of chapter 13, now the court is saying I am 7500 short due to m

Customer Question

I have completed 60 months of chapter 13, now the court is saying I am 7500 short due to my work didnt change my decuction higher in week 49 and I didnt pay 4500.00 in tax refunds..owe just short of 8000. .what are my options? This includes my manufactured home and 60k in cc's. can u help?. I currently have an attorney...but she hasnt been the best. We had a meet and greet hearing today and she requested a hardship. I have had 15000.00 in medical bills for heart related problems in the last 2 yrs, and was responsible for appox 1500.00 also have had 1000 in car repairs and moveed my 78 yr old mom from central CA to my home 3 yrs ago.I take full care of here except for bathing...my elcectric bill has doubled due she is always cold. Take here to doctor, trips, twice a week to store, pills, medicences etc. Need to know what my odds are of getting a hardship discharge
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
Hello,

The court will generally grant a hardship discharge, if none of the following are true:

1. The debtor has elected a homestead exemption under state or local law that exceeds $146,450; and
2. There is a pending proceeding in which the debtor may be:
  • convicted of a felony (as defined in 18 U.S.C. 3156) that, under the circumstances, demonstrates that the filing of the case was an abuse of the Bankruptcy Code; or
  • found liable for a debt arising from:
    1. any violation of federal or state securities laws, or any regulation or order issued thereunder;
    2. fraud, deceit or manipulation in a fiduciary capacity or in connection with the purchase or sale of any registered security;
    3. any civil remedy under 18 U.S.C. 1964 (dealing with civil remedies under RICO); or
    4. any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding five years. Bankr. Code 1328(h), 522(q).

     

Note: As you can see from the above-stated factors, they are quite different from what you are expecting. I don't see anything in your stated facts that would prevent you from receiving a hardship discharge.

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34106
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.


My petition was denied cause the unsecured creditors did not get enough. I am now paying 8k to finish my case. Anoither 5 yrs of bills...sucks.

Expert:  socrateaser replied 1 year ago.

You could convert to a Chapter 7. I don't know if this would allow you to accomplish your goals, but it would definitely end your case in short order.

The Ninth Circuit Court of Appeals, which governs bankruptcy cases in Oregon, has determined that a debtor has an absolute right to convert to Chapter 7. In re DeFrantz (9th Cir. BAP 2011) 454 BR 108, 113–115. However, this could lead to a dismissal if you fail the "means test" due to too much income. You would need to talk to your bankruptcy lawyer about this issue to see if you can satisfy or rebut the means test.

Hope this helps.

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