The Law Office of Michael A. Kaufman, P.A.

West Palm Beach Bankruptcy Attorney & Foreclosure Lawyer

West Palm Beach Office - (561) 207-8391
New York Office - (212) 759-1170

  • Bankruptcy
  • Foreclosure
  • Condominium Association Law
  • Other Practice Areas
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Chapter 12 Hardship Discharge

A family farmer may be excused from completing payments under a plan of reorganization if payments under the plan are not completed due to circumstances for which the family farmer cannot be held accountable and other statutory criteria have been met..


Grant of Discharge of All Unsecured Debts in Plan


The bankruptcy court may grant the debtor a discharge of all unsecured debts provided for in the plan or disallowed by the court, with the exception of those types of debts which are excepted from discharge, if the court finds that such circumstances exist and that unsecured creditors already have received at least what they would have received if the debtor’s estate had been liquidated under Chapter 7 of the Bankruptcy Code.

Illness that Precludes Employment may Serve as Basis for Discharge

Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a discharge. This type of discharge is often referred to as a “hardship discharge.” A Chapter 12 hardship discharge may only be granted if the unsecured creditors have received at least as much as they would have received through a Chapter 7 liquidation and if modification of the plan is not feasible.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.

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Practice Areas

  • Chapter 7 Bankruptcy
  • Chapter 11 Bankruptcy
  • Chapter 12 Hardship Discharge
  • Chapter 13 Bankruptcy
  • Chapter 13 Eligibility
  • Chapter 13 Hardship Discharge
  • Nondischargeable Debts
  • Turnover to the Trustee
  • Foreclosure
  • Commercial Foreclosure

LOCATIONS

West Palm Beach Office
1615 Forum Place, Suite 3A
West Palm Beach, FL, 33401
561-207-8391


New York Office
845 Third Avenue, 6th Floor
New York, NY, 10022
212-759-1170

Attorney Profile

Michael A. Kaufman has been a practicing foreclosure and bankruptcy attorney in West Palm Beach since 2003. Mr. Kaufman has extensive experience in various aspects of insolvency and bankruptcy law with broad experience in the representation of creditors, debtors, trustees, creditor committees, and other professionals in bankruptcy and restructuring cases. He has advised creditor and debtor clients in both personal and corporate bankruptcies and … Learn More

Michael A. Kaufman, P.A.
Michael A. Kaufman, P.A.

Bankruptcy

Bankruptcy Bankruptcy Chapter 7 Bankruptcy Chapter 11 Bankruptcy Chapter 13 Bankruptcy … Learn More

Foreclosure

Foreclosure Commercial Foreclosure … Learn More

Condominium Association Law

The Law Office of Michael A. Kaufman, P.A. is experienced in assisting homeowner associations and condominium owners/developers with related real … Learn More

Other Practice Areas

Beyond bankruptcy and foreclosure litigation, The Law Office of Michael A. Kaufman, P.A. is also experienced in handling case matters in the following … Learn More

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