Section 1328 - Chapter 13 Discharge

Dedicated deep dive into the Chapter 13 discharge statute

Discharge Scope

Chapter 7 (Section 727): Discharges most unsecured debts. Exceptions in 523(a) apply. No repayment required.

Chapter 13 (Section 1328(a)): Discharges debts after 3-5 year repayment plan. Similar exceptions post-BAPCPA. Limited superdischarge remains.

Timing Bars

Chapter 7 after Chapter 7: 8 years (727(a)(8)).

Chapter 7 after Chapter 13: 6 years (727(a)(9)), with 70% exception.

Chapter 13 after Chapter 7: 4 years (1328(f)(1)).

Chapter 13 after Chapter 13: 2 years (1328(f)(2)).

When Chapter 13 Is Better

Saving your home from foreclosure (mortgage cure under 1322(b)(5)).

Cramming down vehicle loans (Section 506(a)).

Protecting cosigners (Section 1301 codebtor stay).

Repaying priority debts (taxes, support) over time.

When you do not pass the means test for Chapter 7.

When Chapter 7 Is Better

You qualify under the means test.

You do not own a home or are willing to surrender it.

You want a faster resolution (4-6 months vs 3-5 years).

You do not have cosigners to protect.

Your debts are primarily unsecured (credit cards, medical bills).

Check your eligibility

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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

Further Reading & Resources

Authority sources for deeper research on Chapter 13 plans and comparison:

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Federal Rules Committee

This research supports two accepted suggestions to the Advisory Committee on Bankruptcy Rules: Suggestion 26-BK-3 and Suggestion 26-BK-5

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

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