Section 1328 -- Chapter 13 Discharge

Dedicated deep dive into the Chapter 13 discharge statute

Completing Your Plan

The full discharge under Section 1328(a) is awarded after the debtor completes all payments required by the confirmed plan. This is the standard path -- 3 to 5 years of payments, then discharge.

Before receiving the discharge, the debtor must also complete a debtor education course (post-filing financial management course) and certify that all domestic support obligations are current.

What Gets Discharged

The 1328(a) discharge covers most debts included in the plan, with exceptions listed in 1328(a)(1) through (4). Debts excepted from discharge include domestic support obligations, certain taxes, student loans (usually), and debts from fraud or willful injury (post-BAPCPA).

The scope of the Chapter 13 discharge is narrower than it was before BAPCPA 2005, but it still covers the majority of consumer debts.

Requirements Summary

Complete all plan payments as confirmed by the court.

Complete the debtor education course and file the certificate.

Certify that all domestic support obligations are current.

File the appropriate discharge forms with the court.

Screen your discharge eligibility

Free 1328(f) Screener

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

Federal Rules Committee

This research supports Suggestion 26-BK-3 to the Advisory Committee on Bankruptcy Rules

Proposing automated Section 1328(f) discharge bar screening in federal bankruptcy courts