Section 1328 -- Chapter 13 Discharge

Dedicated deep dive into the Chapter 13 discharge statute

Before BAPCPA (Pre-2005)

Chapter 13 historically offered a broader discharge than Chapter 7. Certain debts that survived Chapter 7 -- including debts from fraud (523(a)(2)), fiduciary fraud (523(a)(4)), and willful injury (523(a)(6)) -- could be discharged through a completed Chapter 13 plan. This was the "superdischarge."

After BAPCPA (2005-Present)

BAPCPA added these exceptions to the Chapter 13 discharge, significantly narrowing the superdischarge. Today, debts from fraud, fiduciary fraud, and willful injury survive both Chapter 7 and Chapter 13.

What remains of the superdischarge is limited. Chapter 13 can still discharge certain debts that Chapter 7 cannot, including some property settlement obligations from divorce (523(a)(15) debts). But the practical advantage is much smaller than it was before 2005.

Practical Impact

The narrowing of the superdischarge means there are fewer situations where Chapter 13 offers a discharge advantage over Chapter 7 based purely on scope. The main reasons to choose Chapter 13 today are: saving your home from foreclosure, cramming down vehicle loans, protecting cosigners, and repaying priority debts over time.

Compare Chapter 13 and Chapter 7

Chapter 7 Guide

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