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Notice Of Motion For Hardship Discharge And Fixing Times For Filing Objections To Motion And Complaints 1378 - Oregon
| Notice Of Motion For Hardship Discharge And Fixing Times For Filing Objections To Motion And Complaints Form. This is a Oregon form and can be used in Bankruptcy Court Federal . |
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UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGONIn re ) ) Case No. ) ) NOTICE OF MOTION FOR HARDSH IP ) DISCHARGE, AND FIXING TIMES FOR ) FILING OBJECT IONS TO THE MOTION ) AND COMPLAINTS TO DETERMINE ) DISCHARGEABILITY OF CERTAIN DEBTS;Debtor(s) ) AND ORDER A ND NOTICE THER EON The undersigned, who is the debtors attorney (or debtor, if no attorney), and whose name,address and phone number are: certifies that the debtor(s) has not completed payments under the plan, but instead filed the attachedmotion for a "hardship" discharge, under either 11 USC 1328(b) if a chapter 13 case or 11 USC 1228 (b)if a chapter 12 case, supported by affidavit(s)/declaration(s) under penalty of perjury, executed by thedebtor(s), and demonstrating that the debtors failure to complete the plan payments is due tocircumstances for which the debtor(s) should not justly be held accountable, unsecure d creditors havereceived payments that equal or exceed the total payments which they would have received in a Chapter7 liquidation, and modification of the plan is not practicable.DATED: Signature Soc. Se c./Tax I.D. # (if debtor) OSB# (if attorney)1378 (11/10/03) Page 1 of 2 *** SEE NEXT PA GE ***<<<<<<<<<********>>>>>>>>>>>>> 2NOTICE IS GIVEN THAT THE APPLIC ABLE SECTI ON CHECKED BELOW BY THE JUD GE, AFTE R REVIEWING DEBTORS MOTION AND AFFIDAVIT(S)/DECLARATION(S), SHA LL APPLY [The debtor bears the burden of serving this document and proving that the debtor meets the requirements fora hardship discharge regar dless of the selection indicated below]: a. The Court may enter a hardship discharge unless, within 30 days the service date below,BOTH: (1) a written objection to the debtors motion for a hardship discharge is filed with the Clerk of Court(i.e., if the 5-digit portion of the Case No. begins with "3" or 4", mail to 1001 SW 5th Ave. #700, PortlandOR 97204; OR if it begins with "6" or 7", mail to PO Box 1335, Euge ne OR 9 7440 ), AND (2) a copy isserved on the party named above. b. A hearing will be held on the motion ON AT IN ,and testimony may be received. IT IS ORDE RE D AND NOTICE IS GIVEN THAT complaints to determine the dischargeability of any debtsunder clauses (2), (4), (6) or, if the case was filed after 10/21/94, (15) of 11 USC 523(a) must be filedwithin 30 days of the service date below. If no complaint is timely filed, such debts may be discharged. U.S. Bankruptcy Judge ### STOP: BEFORE SERVIN G COPIES, FI LE, WITH S.A.S.E., TO OBTAIN JUDGES SIGN ATURE! On copies of this Notice, the debtors motion andaffidavit(s)/declaration(s) were served on the debtor(s), the trustee, and all creditors. Debtors Attorney (or debtor, if no attorney)1378 (11/10/03) Page 2 of 2
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