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Posted On: April 26, 2010 by Scott Sagaria

Chapter 13 Bankrutpcy

A Sacramento Bankruptcy Attorney speaks on Chapter 13 Bankruptcy

If a Chapter 13 filer can’t meet all plan payments due to hardship then a request for a hardship discharge can be made after the Chapter 13 plan is approved provided that three conditions are met: 1) the debtor’s failure to complete payments under the plan is due to circumstances “for which the debtor should not justly be held accountable”; 2) the debtor has satisfied the best interests of creditors test and 3) modification of the plan is not practicable.

A hardship discharge is granted for those who have found themselves in a deteriorating financial condition something more than just a temporary hardship that is not normal. For example where a Chapter 13 filer experiences a job loss due to an accident and disability compensation payments are not enough to pay living expenses and the Chapter 13 plan.

Once granted by the court, all creditors and parties in interest have 30 days to object to the discharge of debts.

If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Sacramento and Roseville!

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Posted In: Chapter 13 Bankruptcy

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