Issue link: https://mbozikis.ufcontent.com/i/1422521
221 that did not exist nor were foreseeable at the time of confirmation of the plan, where those circumstances are beyond the debtor's control, and where the debtor has made every effort to overcome those circumstances but is unable to complete his plan payments." In re Edwards, 207 B.R. 728, 731 (Bankr. N.D. Fla. 1997). Under either standard, however, the circumstances warranting a hardship discharge cannot have been present at the time of plan confirmation. A debtor receiving a hardship discharge is released from all unsecured debts provided for by the plan or disallowed under Section 502 of the Bankruptcy Code except any debt (i) with respect to which the final payment is not due until after the date on which the final payment under the plan is due and (ii) for which the debtor would be denied a discharge if the case were a case under Chapter 7 (the so-called "non-dischargeable debts," discussed above in Chapter VII.E.). 11 U.S.C. § 1328(c). A party in interest may seek the revocation of a Chapter 13 debtor's discharge within the one-year period following the court's grant of such discharge. 11 U.S.C. § 1328(e). After notice and a hearing, the court may revoke the debtor's discharge only if such discharge was obtained by the debtor through fraud and the requesting party did not know of such fraud until after the discharge had been granted. Id. H. Conversion or Dismissal A Chapter 13 debtor enjoys the absolute right to convert his case to Chapter 7 at any time (with one exception discussed below). 11 U.S.C. § 1307(a). Additionally, provided that the case has not been converted from Chapter 7, 11 or 12, a Chapter 13 debtor may move to dismiss his bankruptcy case at any time. 11 U.S.C. § 1307(b). Any waiver of these rights of the Chapter 13 debtor to convert or dismiss his case is unenforceable. Id. On request of a party in interest or the U.S. Trustee, and after notice and a hearing, the court may convert a Chapter 13 case to Chapter 7 or dismiss a Chapter 13 case, whichever is in the best interest of creditors and the estate, for cause, including: