Motion for Hardship Discharge

A Motion for Hardship Discharge is a legal document filed by a debtor in a Chapter 13 bankruptcy case to request a discharge of their remaining debts due to undue hardship. Normally, a debtor in a Chapter 13 case must complete all plan payments before receiving a discharge. However, in certain circumstances, such as a debtor’s death, disability, or other extreme hardship, the court may grant a hardship discharge even if the plan payments have not been completed. The Motion for Hardship Discharge must demonstrate that the debtor’s failure to complete the plan payments is due to circumstances beyond their control and that modifying the plan is not practicable. If the court grants the motion, the debtor will receive a discharge of their remaining dischargeable debts, subject to any exceptions or limitations imposed by the court.