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 - Chapter 13 Discharge

Dedicated deep dive into the Chapter 13 discharge statute

The Two Timing Bars

Section 1328(f)(1): No Chapter 13 discharge if the debtor received a Chapter 7, 11, or 12 discharge in a case filed within the preceding 4 years.

Section 1328(f)(2): No Chapter 13 discharge if the debtor received a prior Chapter 13 discharge in a case filed within the preceding 2 years.

Filing Date to Filing Date

Both bars are measured from the filing date of the prior case to the filing date of the current case - not from discharge date. This is a common misconception that can lead to premature filing and denial of discharge.

Screen Your Eligibility

The free screener at 1328f.com cross-references your filing dates against 4.9 million federal bankruptcy cases to determine whether a discharge bar applies. It takes 30 seconds and covers all four discharge bar combinations.

Check your eligibility now

Free 1328(f) Screener

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Related Resources

Discharge Bars - Time limits between bankruptcy discharges by chapter

Chapter 13 Plans - How Chapter 13 repayment plans work and get confirmed

Hardship Discharge - Section 1328(b) discharge when you cannot complete your plan