What debts are discharged in bankruptcy?

Most unsecured debts are discharged, including credit cards, medical bills, personal loans, and utility arrears. Debts that typically cannot be discharged include student loans (except in hardship cases), most taxes, child support, alimony, and debts from fraud or willful injury.

How long does it take to get a bankruptcy discharge?

In Chapter 7, the discharge typically arrives about 60 days after the 341 meeting, or roughly 3-4 months after filing. In Chapter 13, the discharge comes after completing all plan payments, which takes 3-5 years.

Can a creditor object to my discharge?

Yes. Creditors can file an adversary proceeding arguing that a specific debt should not be discharged due to fraud, misrepresentation, or other exceptions under 11 U.S.C. Section 523. They can also object to your entire discharge under Section 727 for misconduct like hiding assets.

What is the difference between a discharge and a dismissal?

A discharge eliminates your personal liability for qualifying debts permanently. A dismissal ends your bankruptcy case without eliminating any debts, as if you never filed. A dismissal may also impose a waiting period before you can file again.

Can my bankruptcy discharge be revoked?

In rare cases, yes. A discharge can be revoked within one year if the debtor committed fraud, failed to disclose assets, or refused to obey a court order. Revocation requires a court proceeding initiated by the trustee, a creditor, or the U.S. Trustee.

Section 1328 Bankruptcy Discharge - Complete Guide [2026]

About This Site

Section 1328 is the statute that governs who receives a discharge in Chapter 13 bankruptcy and what debts are included. It is one of the most consequential provisions in consumer bankruptcy law, yet it is frequently misunderstood - even by practitioners. The section contains distinct subsections covering the full-completion discharge (1328(a)), the hardship discharge in bankruptcy (1328(b)), and the timing bars (1328(f)).

This site will provide a section-by-section analysis of the entire statute, including the expanded list of debts that cannot be discharged debts that apply specifically to Chapter 13 (different from Chapter 7), the superdischarge provisions that allow Chapter 13 to discharge certain debts that survive Chapter 7, and the hardship discharge requirements.

We will also cover the 2005 BAPCPA amendments that significantly changed Section 1328, the circuit splits on key interpretation issues, and practical guidance for both debtors and attorneys on maximizing the value of a Chapter 13 discharge.

Part of the Open Bankruptcy Project - a growing collection of free, open-source bankruptcy information sites built on public court data. No advertising, no lead generation, no attorney referral fees. Real information, no strings.

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