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hardship before bankrupcy starts

Posted on: 14th Sep, 2009 09:48 pm
[color=DarkBlue:68e98974bc][size=12:68e98974bc][font=Tahoma:68e98974bc]I've tried very hard to keep my credit after previously filing chapter 7 and 13 in the past. I am now unemployed, my mother died, leaving her home to me. My unemployment is running out. In order to pay the household bills, I've had to let my bills go by the wayside. I've seen my lawyer (or his underlings) twice. The last time, I paid $50 to watch some video on credit counseling, which I didn't see. I haven't been able to make the first payment of $130, have not gone to court yet. My paralegal doesn't quite understand, I think. It's a struggle to get by every month, and haven't paid any of my bills in several months. I was doing well, but when I got this house (which I have been paying and will be the last thing I ever give up, it's a modest home but my mother loved it so much). I need a hardship discharge but it's probably way too soon. What options do I have, there's only 15,000 paid in on my mother's last mortgage, which by todays estimates is only 15,000 below market value. What can I do? I cannot make it, the stress of all of this is horrendous.. but I can't afford the chapter 13 plan on 10,000 of bills. I noticed had 4,000 worth of legal fees involved making my total payback around 15.000.[/font:68e98974bc][/size:68e98974bc][/color:68e98974bc] :(
Generally a hardship discharge is awarded only when the debtor has suffered a massive personal injury or has been unable to work for some unforeseen reason. If you want to get a hardship discharge, you will have show the court any such reason. I would suggest you to contact a good bankruptcy lawyer and take his help in getting a hardship discharge.
Posted on: 15th Sep, 2009 02:22 am
Do I have any alternatives? Just avoid the debtors? What can they do if I have no income, no money? There's not enough equity in the home my mother left me to get any money.
Posted on: 16th Sep, 2009 07:05 pm
Welcome CR,

As Niicss has suggested, you can speak to a good bankruptcy attorney and discuss your situation with him. As you do not have any income right now, may be you would receive a hardship discharge.
Posted on: 16th Sep, 2009 11:24 pm
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