Chapter 13 Discharge

The court shall grant a debtor a Chapter 13 discharge of most debts provided for under the Chapter 13 plan so long as he or she completes all payments due under the confirmed Chapter 13 plan, has paid and certifies that all domestic support obligations have been paid, has not received a discharge in a prior case filed within two years for prior chapter 13 cases and four years for a prior chapter 7, 11 or 12 cases, and has completed an approved instructional course concerning personal financial management. Read more about the New Bankruptcy Law requirements…

Debts that are not discharged in Chapter 13 include long-term obligations (such as a mortgage under a plan that provided for cure of pre-petition missed mortgage payments), domestic support obligations, taxes, student loans, and other types of debts.

A discharge may still be granted where the debtor has not completed all payments under the Chapter 13 plan if the debtor’s failure to complete payments under the Chapter 13 plan is due to circumstances that the debtor should not be held accountable, the value of property actually distributed under the plan is the equivalent of what the unsecured creditors would have received had the debtor filed for Chapter 7, and modification of the plan  is not practicable (for instance where debtor’s plan is not completed by the 5th year due to a miscalculation).

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