From the Editor – Discharge

By The Honorable William Houston Brown (Retired)

Hardship discharge denied. Section 1328(b)’s requirements for hardship discharge are conjunctive and failure to satisfy any one of three conditions results in denial. Reviewing judicial decisions on requirements of the statute, the court considered “the extent of a debtor’s accountability and degree of control; the substantiality and foreseeability of the changed circumstances at the time of confirmation; and whether the debtor had made significant efforts to overcome the circumstances but ultimately remained unable to successfully compete his or her plan.” In re Quintyne, 610 B.R . . .

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