In Re Bandilli

ORDER DENYING MOTION FOR HARDSHIP DISCHARGE

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on January 8,1998, on the Debtors’ request for a hardship discharge under 11 U.S.C. § 1328(b). For the reasons discussed below, the request is denied.

BACKGROUND

Diane and Francis Bandilli filed a Chapter 13 petition on April 14, 1997, and on August 5, 1997, an Order of Confirmation was entered which provided for: (1) plan payments of $500 per month for sixty months; (2) a dividend of 10% to unsecured creditors, whose claims totaled approximately $63,000; and (3) avoidance of a $28,000 judicial lien on the…