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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 08-25-2006, 01:18 PM
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Join Date: Aug 2006
Posts: 4

chapter 13 "hardship discahrge"


What is the name of your state? indiana
started my garnishments in april of 2005,everything going ok. Feburauy of 2006 i was bothered with a knee problem, had MIR done , found torn cartilidge and fractured bone in my knee,i was off work for 7-8 weeks to have surgery done on my knee.When i first learned that i needed surgery i contacted my lawyer to let her know what was going on,she in turn contacted trustee(and did not tell me or advise me that i could possibley do a hardship discharge).While having no income this whole time I withdraw a good portion of my 401K to get me by. got back on my feet and started wroking again the first week of april 2006.After all that time off i acculated over 1500$ worth of medical/rehab bills(the protion not covered by my employer) and have new RX's I take.After attempting to pay off some of these bills i have been going in a downward spiral of not keepin up with some of my bills,I'm falling ever so behind on my bills and cant keep up.

After talking to a friend he said i maybe able to try a hardship discharge.I never heard of this till now.So i asked my lawyer she said she would into it for me, 2weeks go by and says there is no possilbe way.I have a hard time beileving that,seems like shes not looking into my best interest,and would not like me to do that considering there is a 3000$ on this plan that goes to her after all.

any help to seek a hardship discharge on this would be greatly apperciated thanx
shaneWhat is the name of your state?
  #2  
Old 08-25-2006, 03:00 PM
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Join Date: Jan 2006
Posts: 191
Maybe you should ask your lawyer about converting your Chapter 13 case to a Chapter 7 at this point. At the very least, she should get you a moratorium on plan payments while you deal with the medical issues.
  #3  
Old 08-25-2006, 10:57 PM
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Join Date: Aug 2006
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I'm so sorry forgot to mention that i did have a chapter 7 discharge in 2001
please forgive me.
  #4  
Old 08-31-2006, 02:40 AM
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Join Date: Aug 2006
Posts: 4
is there any help out there ?
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