Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 12– ADJUSTMENT OF DEBTS OF A FAMILY FARMER
WITH REGULAR ANNUAL INCOME


Sub Chapter II – The Plan

Sec. 1228. Discharge

   (a) As soon as practicable after completion by the debtor of all 
payments under the plan, other than payments to holders of allowed 
claims provided for under section 1222(b)(5) or 1222(b)(10) of this 
title, unless the court approves a written waiver of discharge executed 
by the debtor after the order for relief under this chapter, the court 
shall grant the debtor a discharge of all debts provided for by the plan 
allowed under section 503 of this title or disallowed under section 502 
of this title, except any debt--
        (1) provided for under section 1222(b)(5) or 1222(b)(10) of this 
    title; or
        (2) of the kind specified in section 523(a) of this title.

    (b) At any time after the confirmation of the plan and after notice 
and a hearing, the court may grant a discharge to a debtor that has not 
completed payments under the plan only if--
        (1) the debtor's failure to complete such payments is due to 
    circumstances for which the debtor should not justly be held 
    accountable;
        (2) the value, as of the effective date of the plan, of property 
    actually distributed under the plan on account of each allowed 
    unsecured claim is not less than the amount that would have been 
    paid on such claim if the estate of the debtor had been liquidated 
    under chapter 7 of this title on such date; and
        (3) modification of the plan under section 1229 of this title is 
    not practicable.

    (c) A discharge granted under subsection (b) of this section 
discharges the debtor from all unsecured debts provided for by the plan 
or disallowed under section 502 of this title, except any debt--
        (1) provided for under section 1222(b)(5) or 1222(b)(10) of this 
    title; or
        (2) of a kind specified in section 523(a) of this title.

    (d) On request of a party in interest before one year after a 
discharge under this section is granted, and after notice and a hearing, 
the court may revoke such discharge only if--
        (1) such discharge was obtained by the debtor through fraud; and
        (2) the requesting party did not know of such fraud until after 
    such discharge was granted.

    (e) After the debtor is granted a discharge, the court shall 
terminate the services of any trustee serving in the case.

(Added and amended Pub. L. 99-554, title II, Sec. 255, title III, 
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3112, 3124; Pub. L. 105-277, div. 
C, title I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610.)

                         Termination of Section

        For termination of reenactment of this section by section 149(a) 
    of Pub. L. 105-277, see Repeal, Reenactment, and Termination of 
    Chapter note set out under section 1201 of this title.

                          Codification

    Section repealed effective Oct. 1, 1998, by Pub. L. 99-554, title 
III, Sec. 302(f), Oct. 27, 1986, 100 Stat. 3124, as amended by Pub. L. 
103-65, Sec. 1, Aug. 6, 1993, 107 Stat. 311. Section, as in effect on 
Sept. 30, 1998, reenacted by Pub. L. 105-277, div. C, title I, 
Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610, for the period beginning 
on Oct. 1, 1998, and ending on Apr. 1, 1999. See Repeal, Reenactment, 
and Termination of Chapter note set out under section 1201 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 348, 523, 524, 727, 1227 of 
this title.



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Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
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For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources

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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software