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The Chapter 13 Discharge
The bankruptcy law regarding the
scope of the chapter 13 discharge is
complex and has recently undergone
major changes. Therefore, debtors
should consult competent legal counsel
prior to filing regarding the scope of
the chapter 13 discharge.
The chapter 13 debtor is entitled to a
discharge upon successful completion
of all payments under the chapter 13
plan. 11 U.S.C. § 1328(a).
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The discharge
has the effect of releasing the
debtor from all debts provided for by
the plan or disallowed (under section
502), with limited exceptions. Those
creditors who were provided for in full
or in part under the chapter 13 plan
may no longer initiate or continue any
legal or other action against the debtor
to collect the discharged obligations.
In return for the willingness of the
chapter 13 debtor to undergo the discipline
of a repayment plan for three to
five years, a broader discharge is available
under chapter 13 than in a chapter
7 case.
As a general rule, the debtor is
discharged from all debts provided for
by the plan or disallowed, except certain
long term obligations (such as a
home mortgage), debts for alimony or
child support, debts for most government
funded or guaranteed educational
loans or benefit overpayments, debts
arising from death or personal injury
caused by driving while intoxicated or
under the influence of drugs, and debts
for restitution or a criminal fine included
in a sentence on the debtor's conviction
of a crime.11 U.S.C. § 1328(a).To
the extent that these types of debts are
not fully paid pursuant to the chapter
13 plan, the debtor will still be responsible
for these debts after the bankruptcy
case has concluded.
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