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.
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 8 million federal bankruptcy cases to determine whether a discharge bar applies. It takes 30 seconds and covers all four discharge bar combinations.
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Free 1328(f) Screener