Brandon Chapter 13 Discharge Attorneys
All obligations for domestic support obligations have been paid. This includes
child support and spousal support that may have been a requirement of your
You have not had debt discharged in a previous
Chapter 13 filing, within the previous two years; or a previous
Chapter 7 filing, within the previous four years.
- You have completed a certified course in financial management.
- Child support and spousal support arrears
Student loan debt
- Debts from a personal injury judgment resulting from DWI or other willful,
- Restitution and debt resulting from a criminal offense
- Failure to complete your plan is due to circumstances beyond your control
- Your creditors have received as much in payments over the course of the
plan as they would have received if you had liquidated your assets under Chapter 7
- You suffered a debilitating injury or illness that permanently eliminates
disposable income necessary for payments
Under rules of Chapter 13 bankruptcy, you will be entitled to discharge
your debt after completing all payments, according to your approved payment
plan. Depending upon your level of income, the payment plan will typically
be three or five years. Before your debt may be
discharged by the U.S. Bankruptcy Court, however, you will be required to certify
Upon discharge of the debt, you will be released from all debts included
in the plan. Some limited exceptions may apply.
Creditors may not pursue any further legal action to collect on the debt.
U.S. bankruptcy rules allow for some notable exceptions to debt that may
be discharged. These include:
The court realizes that bad things happen in people's lives. Often,
individuals and families repaying debt under Chapter 13 run into a hardship
that precludes them from completing the plan. The debtor may petition
the court for a hardship discharge. The court may approve a hardship discharge
under the following conditions:
Do not file for Chapter 13 bankruptcy expecting to receive a hardship discharge
of your obligations. The courts are reluctant to accept even a modified
plan to reduce or extend your payments.
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Learn more about debt discharge under Chapter 13 bankruptcy.
Contact a Chapter 13 bankruptcy attorney at The
Golden Law Group to schedule a free initial consultation. Offices are conveniently located
in Brandon and
Bradenton, Florida. The firm represents clients in communities throughout Manatee
County, Hillsborough County and
Sarasota County, Florida.