Chapter 13 Hardship Discharge

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At Sadek Bankruptcy Law Offices, we realize that every situation is different. Our debt relief lawyers will take the time to learn about your situation and your goals. Our objective is to explain your legal options and offer the best debt relief strategy for you in the most compassionate and friendly manner possible. Call 24/7 to schedule your meeting with a lawyer.

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In addition to our primary law office in Center City, Philadelphia, we also have law offices throughout the Greater Philadelphia, Pennsylvania Area and in New Jersey. Our branch offices have contributed to making us the #1 Bankruptcy Filer and debt relief firm in the Greater Philadelphia area. Our goal is to have a convenient location within 20 minutes of where our clients work or reside.

Chapter 13 Hardship Discharge

A hardship discharge in bankruptcy is governed by 11 USC Section 1328(b).  A hardship discharge comes into play after a Chapter 13 bankruptcy plan has already been confirmed by the Bankruptcy Court and at some point during the course of the repayment plan the Debtor or Debtors face an unforeseen unfortunate circumstance.  A job loss or health problem are the most prevalent reasons for petitioning the Bankruptcy Court for a hardship discharge in bankruptcy.  In order to receive a hardship discharge the following elements must be met:

1. The Debtors(s) has experienced a circumstance beyond his or her control that makes it impossible to continue to make Chapter 13 payments,

2. The payments made into the plan are at least the total amount that the creditors would have received through a Chapter 7 Bankruptcy, and

3. It is not feasible to otherwise modify and continue paying towards the confirmed Chapter 13 payment plan.

If there are any general questions or topics you would like to read about relating to bankruptcy law in the Eastern Pennsylvania region, you may contact the Bankruptcy Lawyers at Sadek Law Offices, LLC at 215-545-0008 or 610-432-3111 or email brad@sadeklaw.com. Thank you.

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