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

Three Requirements

(1) Failure to complete is due to circumstances beyond your control - job loss, disability, death of spouse, medical emergency.

(2) Unsecured creditors received at least what they would have gotten in a Chapter 7 liquidation (best interest test).

(3) Modification of the plan is not practicable - you have tried or it would not solve the problem.

Key Difference from Full Discharge

The hardship discharge does NOT include the Chapter 13 superdischarge benefits. Debts under 523(a)(2) (fraud), (4) (fiduciary fraud), and (6) (willful injury) survive a hardship discharge, just as they would in Chapter 7.

This means the hardship discharge is essentially the same scope as a Chapter 7 discharge, but obtained through Chapter 13.

Learn more about hardship discharge

Hardship Discharge Guide

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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