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Motion For Hardship Discharge Under 11 USC Section 1328(b) (Chapter 13) - Alabama
| Motion For Hardship Discharge Under 11 USC Section 1328(b) (Chapter 13) Form. This is a Alabama form and can be used in Middle District Bankruptcy Court Federal . |
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ALMB 6-hardship (11/2008) IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF ALABAMA In re CASE NO. Debtor(s) CHAPTER 13 MOTION FOR HARDSHIP DISCHARGE UNDER 11 U.S.C. SECTION 1328(b) AND DEBTOR'S CERTIFICATION OF COMPLIANCE WITH 11 U.S.C. SECTION 1328 COMES NOW the debtor(s), and moves this Honorable Court for entry of a hardship discharge under section §1328(b) of the Bankruptcy Code and in support of said motion certifies and states as follows: 1. That on Code, and on , the debtor(s) filed a petition for relief under Chapter 13 of the Bankruptcy this Court entered an order confirming the debtor's plan. 2. That subsequent to confirmation, circumstances have changed whereby debtor is unable to complete payments under this confirmed chapter 13 plan. Describe circumstances: 3. Debtor's failure to complete payments under the plan is due to circumstances for which debtor(s) should not justly be held accountable. 4. 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(s) had been liquidated under Chapter 7. The dividend which creditors would have received had this been a Chapter 7 case is %. The dividend which has been paid to unsecured creditors in this case is approximately %. 5. Modification of debtor's plan is not practicable. 6. The debtor(s) has completed an instructional course concerning personal financial management described in 11 U.S.C. § 111 and has filed either the PFMI Certificate or Official Form 23 with this Court (or an order has entered waiving this requirement). 7. The debtor is not attempting to discharge debts owed to the following creditors: 8. Certification concerning 11 U.S.C. § 1328(h): The debtor certifies that 11 U.S.C. § 522(q)(1) is not applicable to the debtor(s), and there is not pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B). 9. The debtor(s) has not received a discharge under chapter 7, 11, or 12 in a case filed during the 4year period preceding the filing of the instant case and has not received a discharge under chapter 13 in a case filed during the 2-year period preceding the filing of the instant case. American LegalNet, Inc. www.FormsWorkFlow.com ALMB 6-hardship (11/2008) WHEREFORE, debtor(s) respectfully prays that this Court will enter discharge under 11 U.S.C. Section 1328(b). By signing this motion/certification, I/we acknowledge that all of the statements contained herein are true and accurate and that the Court may rely on each of these statements in determining whether to grant me/us a discharge in this Chapter 13 case. The Court may revoke my/our discharge if the statements relied upon herein are proven to be inaccurate. Dated: Debtor Joint Debtor /s/ (ASB- - ) Attorney for Debtor Address Phone Number E-mail address American LegalNet, Inc. www.FormsWorkFlow.com ALMB 6-hardship (11/2008) CERTIFICATE OF SERVICE I hereby certify that on this date, a true and correct copy of the foregoing Motion for Hardship Discharge was served upon all creditors and parties in interest as follows: by CM/ECF: Curtis C. Reding, Trustee Teresa Jacobs, Bankruptcy Administrator by First Class Mail, postage prepaid: Other: Dated: /s/ Attorney for debtor(s) American LegalNet, Inc. www.FormsWorkFlow.com
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