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In re Winifred E. Gaddy

16 B 25958
Chapter 13 debtor requested a hardship discharge.  The parties agreed that her failure to complete plan payments was due to circumstances for which she should not justly be held accountable.  Held: her case would have been a no-asset under chapter 7, the debtor sought relief quickly after falling drastically ill, and modification was not practicable even if she became eligible for Social Security benefits.  Therefore, the debtor was eligible for a hardship discharge.

Date: 
Friday, July 31, 2020