How to Qualify for Chapter 13 Hardship Discharge in Michigan

To qualify for a Chapter 13 hardship discharge in Michigan, you must demonstrate circumstances beyond your control that prevent you from completing the repayment plan, show that unsecured creditors have received payments equivalent to what they would have under Chapter 7, and prove that modifying your repayment plan is not practical.

At Kostopoulos Bankruptcy Law, we understand how overwhelming financial challenges can be. With decades of experience helping Michigan residents secure debt relief, we’ll guide you through the requirements and process for obtaining a hardship discharge in Chapter 13 bankruptcy. Let’s explore who qualifies, how to apply, and the benefits of this vital bankruptcy tool.

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FAQs About Chapter 13 Hardship Discharge in Michigan

What Happens if My Hardship Discharge Is Approved?
Your qualifying debts are discharged, and you are no longer obligated to complete your repayment plan.
Does a Hardship Discharge Affect My Credit?
Yes, like any bankruptcy discharge, it will impact your credit report, but it also marks the resolution of your case.
Can I File for Chapter 7 After a Hardship Discharge?
Yes, but you must wait the required timeframe before filing for another bankruptcy case.
What If I Anticipate Future Income Changes?
If your income improves, the court may modify your repayment plan instead of granting a discharge.
What Is the Difference Between a Hardship Discharge and Conversion to Chapter 7?
A hardship discharge ends your Chapter 13 case without further payments, while a conversion to Chapter 7 involves liquidating non-exempt assets to pay creditors.

Key Differences:





Eligibility: A hardship discharge requires proof of uncontrollable hardship, while Chapter 7 requires passing the means test.



Process: Conversion to Chapter 7 may involve a new trustee and additional court filings.



Debt Relief: Both options discharge unsecured debts but have different asset implications.
Can You Reopen a Closed Bankruptcy Case to Request a Hardship Discharge?
Yes, you can reopen a closed Chapter 13 bankruptcy case to request a hardship discharge by filing a motion to reopen with the court.

Steps to Reopen:

File a motion explaining why reopening the case is necessary.
Provide supporting evidence, such as proof of hardship.
Attend a court hearing to present your case to the judge.

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