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(a) - The Full Chapter 13 Discharge

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

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