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The laws regarding Chapter 13 discharge is rather complex and each case is affected differently, so it's best addressed in a consultation with us.
Basically, you receive a discharge in your Chapter 13 bankruptcy case when the following things have ocurred:
- you have made all payments due under your Payment Plan and:
- all support obligations (child support, alimony, support before alimony) that were due to date have been paid
- you have not received a discharge in a prior bankruptcy case filed within two years for prior chapter 13 case and four years for prior chapter 7 (11 and 12 cases).
- you have completed the Financial Management Course
The court will not enter the discharge, however, until it determines, after notice and a hearing, that there is no reason to believe there is any pending proceeding that might give rise to a limitation on the debtor's homestead exemption. 11 U.S.C. § 1328(h).
A Chapter 13 discharge releases you from all debts including in the Payment Plan. Creditors, either paid in full, or partially (according to the terms of the repayment plan) can no longer pursue you for a debt included in the Plan and repaid as per its terms.
Debts not discharged in chapter 13 include your long-term obligations such as:
- mortgage
- alimony
- child support
- certain taxes
- student loans
- debts that resulted from a personal injury case due to driving while intoxicatd or while under the influence of drugs
- debts of restitution for a debtor's conviction of a crime
- debts for fraud
Debts of money awarded in a civil case due to the malicious actions of a debtor that caused a personal injury or death will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. §§ 1328, 523(c). Chapter 13 Hardship Discharge
If, after the confirmation of your Payment Plan, you experience a change in circumstances that prevents you from completing your Plan, you may ask the court to grant a "hardship discharge." 11 U.S.C. § 1328(b).
This sort of discharge is only available if:
- you fail to complete the Payment Plan because of circumstances beyond your control and through no fault of your own
- creditors received about as much money as they would have received had you filed a Chapter 7
- An example of a reason for a Hardship Discharge would be if you got injured or fell very ill and no longer have an income adequate enough to support the Plan
Even with a Hardhip Discharge, those debts that are non-dischargeable in a Chapter 7 or 13 are not dischargeable here either.
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