Legal Question in Bankruptcy in Texas

Re: Hardship Discharge

Hi. I'm so sorry to hear of your misfortune.

There is a hardship discharge availabl under 11 U.S.C. Section 1328(b) which provides:

At any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge to a debtor that has not completed

payments under the plan only if -

(1) the debtor's failure to complete such payments is due to circumstances for which the debtor should not

justly be held accountable;

(2) the value, as of the effective date of the plan,

of property actually distributed under the plan on account of each

allowed unsecured claim is not less than the amount that would

have been paid on such claim if the estate of the debtor had been

liquidated under chapter 7 of this title on such date; and

(3) modification of the plan under section 1329 of this title

is not practicable.

(c) A discharge granted under subsection (b) of this section discharges the debtor from all unsecured

debts provided for by the plan or disallowed under section 502 of this title, except any debt -

(1) provided for under section 1322(b)(5) of this title; or (2) of a kind specified in section 523(a) of this title.

So it can be done, but there are ramifications. PLEASE call your original bankr. atty, or if you were dissatisfied with him/her, another local bankr. attorney to get some help.

Good luck!

Neil Ackerman 516-228-8245