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The Chapter 13 Discharge & You

What is the Chapter 13 Discharge, & What Does It Mean to You?

The main goal you have when filing bankruptcy via Chapter 13 of the U.S. Bankruptcy Code is to obtain the discharge at the end of your repayment period, which may last anywhere from 3-5 years.

The Chapter 13 discharge refers to your official exit from Chapter 13 bankruptcy and generally represents when your quest to control your financial destiny totally takes shape.

The following information details the Chapter 13 discharge in more detail; for more on this important part of the bankruptcy process, let Chapter13.Me connect you with a local bankruptcy lawyer. Simply fill out our free bankruptcy case evaluation form or call 1 (888) 632-0504, and we’ll quickly connect you with a nearby Chapter 13 bankruptcy lawyer.

Upon being discharged from Chapter 13 bankruptcy, all of your planning and diligence will have paid off. Once you receive a Chapter 13 discharge, you will likely be in position to choose the next step in your financial journey….. bon Voyage!

When May Your Chapter 13 Discharge Come?

Your secured debts will be discharged from Chapter 13 bankruptcy when you have made all of your scheduled payments under your 3-5 year repayment plan. In addition, you must show that:

  • all domestic support obligations are paid;
  • you did not receive a separate discharge in a prior bankruptcy case; and
  • you have completed your financial management debtor education course.

Overall, the discharge you may obtain in Chapter 13 is somewhat broader than the discharge in Chapter 7. In Chapter 13 bankruptcy, you may discharge debts for willful and malicious injury to property, which is something you cannot do in a Chapter 7 bankruptcy.

Which Debts May Remain after Your Chapter 13 Discharge?

The fact that you have a discharge in your Chapter 13 case will not relieve you of certain obligations. There are particular debts that will stay with you until they are paid. They are certain long term obligations that you must pay.

Non-dischargeable debts that you will still be responsible for after receiving a Chapter 13 discharge include:

  • taxes;
  • student loans;
  • child support and alimony;
  • marital debts;
  • intentional torts;
  • operating a vehicle while intoxicated;
  • recent credit purchases/cash advances;
  • fines and citations; and
  • fraud.

The 2005 changes in bankruptcy law made the collection of domestic support obligations of greater importance. If you specifically fail to pay child support, alimony, or any other domestic debts, your Chapter 13 bankruptcy case may be dismissed after filing.

What You Should Know about the Chapter 13 Hardship Discharge

Sometimes, circumstances may arise that may prevent you from completing your Chapter 13 repayment plan. In this case, you may ask the court for a hardship discharge. You may get this discharge only if:

  • circumstances are beyond your control and it is not your fault that you need to ask for the hardship discharge;
  • your creditors have gotten as least as much as they would have gotten under a Chapter 7 filing; or
  • modification of your plan is not possible.

Explore the Chapter 13 Discharge in More Detail with a Local Bankruptcy Lawyer

Need more information on the Chapter 13 bankruptcy discharge process as it may apply to you?

If so, just complete our free bankruptcy case evaluation form or call 1 (888) 632-0504. We’ll use your information to connect you with a bankruptcy attorney near you as soon as possible.

Filling out our form only takes a few minutes, so get started now and continue your quest to take control of your debt.