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§ 1328(b)

In re Hoover

Ruling
Hardship discharge granted where debtor died with only one plan payment remaining.
Issue(s)
Could a hardship discharge be issued where the debtor died with one plan payment remaining?

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Consumer opinion summary, case decided on March 24, 2015 , LexisNexis #0415-065

In re Kosinski

Ruling
Hardship discharge was warranted where debtor died after making all but final five plan payments.
Issue(s)
Could a hardship discharge be granted to debtor who died after making all but the last five payments due under his five-year plan?

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Consumer opinion summary, case decided on March 05, 2015 , LexisNexis #0415-031

In re Quint

Ruling
Special administrator appointed by probate court could represent interests of deceased chapter 13 debtor.
Procedural posture

A special administrator appointed by a county probate court filed a motion to represent the estate and interests of a deceased chapter 13 debtor and to convert the debtor's case to a case under chapter 7.

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Consumer opinion summary, case decided on June 22, 2012 , LexisNexis #0712-138

In re Marshall

Ruling
Hardship discharge in case of deceased debtor denied due to bad faith.
Procedural posture

A chapter 13 debtor's attorney filed a motion seeking a hardship discharge pursuant to 11 U.S.C.S. § 1328(b) because the debtor was deceased.

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Consumer opinion summary, case decided on April 05, 2012 , LexisNexis #0512-067

In re Elvira

Ruling
Motion for hardship discharge denied without prejudice.
Procedural posture

Debtors, a husband and wife, filed a voluntary joint petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to administer the debtors' bankruptcy estate. The trustee filed a motion to dismiss the debtors' case after the debtors failed to make payments they owed under a plan they proposed for repaying their creditors, and the debtors filed a motion seeking a hardship discharge under 11 U.S.C.S. § 1328(b).

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Consumer opinion summary, case decided on December 09, 2009 , LexisNexis #0110-069

In re Barton

Ruling
Debtors who did not establish that plan modification was impracticable denied hardship discharge.
Procedural posture

A chapter 13 trustee objected to husband and wife debtors' motion for a hardship discharge pursuant to 11 U.S.C.S. § 1328(b).

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Consumer opinion summary, case decided on April 18, 2008 , LexisNexis #0608-131

In re Harris

Ruling
Loss of employment by debtor in good health and capable of finding new employment was not grounds for hardship discharge.
Procedural posture

The debtor filed a motion for a hardship discharge under 11 U.S.C.S. § 1328(b).

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Consumer opinion summary, case decided on March 20, 2008 , LexisNexis #0408-068

In re Keisler

Ruling
Hardship discharge denied where inability to make plan payments was not a change in circustances but an undisclosed fact at time of confirmation.
Procedural posture

Chapter 13 debtors filed a motion for a hardship discharge pursuant to 11 U.S.C.S. § 1328(b) based on their assertion that their family members were no longer able to assist them in making their plan payments. The chapter 13 trustee filed a motion to dismiss for non-payment.

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Consumer opinion summary, case decided on March 06, 2008 , LexisNexis #0408-034