The debtor filed a motion for hardship discharge. The debtor had paid the trustee $3,800.00 toward the plan. The debtor’s attorney’s fees were paid from that amount. All creditors who filed unsecured claims would have been paid in full if the debtor paid an additional $2,273.00 to the trustee. The Court concluded that the debtor did not meet the test under 11 U.S.C. § 1328(b)(2) and that the motion must be denied because the debtor had not paid all of his unsecured creditors as much as they would receive if this were a case under chapter 7.
File:
Judge:
Date:
Friday, July 2, 2010
Category:
Chapter 13 Issues
Discharge
Chapter:
13