Oceanside is the third largest city in San Diego County,
California. The city has a population of 173,303.
Together with Vista and Carlsbad, it makes up the
Tri-City area. The city is just south of U.S. Marine
Corps Base Camp Pendleton, the busiest military base in
the United States[2]. Oceanside has grown massively from
the 1970 census report of 45,000 people. Much of the
city area was developed into single-family home tracts
when real estate booms took place in the 1970s and
1980s. Since 1990, more commercial and industrial
development diversified Oceanside's economic base, with
another population boom ever since. According to the US
census, Oceanside's continual growth will put the city
population estimates above the 200,000 mark in 2010 or
exceed 250,000 by the year 2020.
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Chapter 13
Chapter 13 "Super Discharge"
The bankruptcy debtor will be granted a discharge under Chapter 13 after she has made all payments under the plan unless, subsequent to the order for relief, she has executed a court-approved written waiver of discharge. Bankruptcy Code §1328(a). The discharge in a Chapter 13 case is more extensive than that in a chapter 7 case and may include debts that were incurred by fraud.A standard Chapter 13 discharge
includes all debts that are provided for by the plan or that have been
disallowed by the court under section 502, except for Bankruptcy Code §1328(a).
Exceptions
(1) Long-term debts for which the plan has provided for the curing of a default within a reasonable time and the maintenance of payments during the case, with the final payment being due after the last payment required by the Chapter 13 plan Bankruptcy Code §1328(a)(1), 1322(b).(2) Alimony, maintenance, and spousal or child support Bankruptcy Code § 1328(a)(2); 523(a)(5);
3) Student loans, unless there will be an undue hardship on the debtor and her dependents if the debt is not discharged. Bankruptcy Code §1328(a)(2), 523(a)(8);
(4) Health Education Assistance Loans (HEAL), where the three conditions for discharge required by the applicable federal non-bankruptcy statute have not been satisfied
(5) Liability for drunk or drugged driving that caused death or personal injury
(6) Criminal restitution that is included in the bankruptcy debtor's sentence.
(7) Allowed post-petition claims for necessary consumer debts which were not approved in advance by the trustee, under circumstances where procuring his prior approval was practicable
Applicability of Section 523(a)
In a chapter 13 case, only the debts described above are non-dischargeable, and any other debts that would be non-dischargeable under the general dischargeability provisions of section 523(a) are discharged by the standard chapter 13 discharge.
Hardship Discharge
If the bankruptcy debtor has not made all payments under the plan, the court, after notice and a hearing, may award a hardship discharge where the following three conditions exist: (i) The reason for the debtor's failure to complete the payments under the plan is not one for which, in fairness, she should be held accountable(ii) Those unsecured creditor holding an allowed claim has received property under the plan, having a present value as of the effective date of the plan, of not less than the amount that he would have received for his claim in a case under Chapter 7 if the estate had been liquidated (i.e., the "best interests of creditors test" Bankruptcy Code §1328(b)(2);
and (iii) Modification of the plan is not practicable Bankruptcy Code §1328(bK3). Example:Debtor files a Chapter 13 plan, proposing to pay forty monthly installments of $140 each. The plan is confirmed, and bankruptcy Debtor makes the payments, as scheduled, for thirty seven months, before dying. All of the unsecured creditors have received more than they would have received on their claims if the estate had been liquidated under Chapter 7. Under these circumstances, a hardship discharge is appropriate.
(2) Debts discharged in hardship case: A Chapter 13 hardship discharge includes the unsecured debts that would be discharged under a standard Chapter 13 discharge, except that it does not discharge any debts that would be non-dischargeable under section 523(a). Any long-term debts provided for under the cure provision of Code section 1322(b)(5) also are non-dischargeable.
Ocean Side, California
The Pacific Bankruptcy Center assists the residents of Ocean Side, California in filing for relief under the United States bankruptcy code. We are a debt relief agency
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