There is no Bankruptcy filing called a hardship discharge. What you are seeking is a Chapter 7 Bankruptcy Filing, you would not be eligible for a Chapter 13 Bankruptcy filing, as you no longer have steady income. If your total combined household income is below the state median or if you pass the Bankruptcy Means Test, then you will qualify for Chapter 7 Bankruptcy. If you are the sole income source for your household, you certainly will qualify.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email responses do not form an attorney-client relationship. In the event that you would like to enter into an attorney-client relationship with me, please call 888-269-0688 to make an appointment.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Lawwww.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Dec 15th, 2011 at 11:31 AM