Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 13– ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME

Sub Chapter II – The Plan

Sec. 1328. Discharge

  (a) As soon as practicable after completion by the debtor of all 
payments under the plan, 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 or disallowed under section 502 of this title, 
except any debt--
        (1) provided for under section 1322(b)(5) of this title;
        (2) of the kind specified in paragraph (5), (8), or (9) of 
    section 523(a) of this title; or
        (3) for restitution, or a criminal fine, included in a sentence 
    on the debtor's conviction of a crime.

    (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 1329 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 1322(b)(5) of this title; or
        (2) of a kind specified in section 523(a) of this title.

    (d) Notwithstanding any other provision of this section, a discharge 
granted under this section does not discharge the debtor from any debt 
based on an allowed claim filed under section 1305(a)(2) of this title 
if prior approval by the trustee of the debtor's incurring such debt was 
practicable and was not obtained.
    (e) 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.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2650; Pub. L. 98-353, title III, 
Sec. 532, July 10, 1984, 98 Stat. 389; Pub. L. 101-508, title III, 
Sec. 3007(b)(1), Nov. 5, 1990, 104 Stat. 1388-28; Pub. L. 101-581, 
Secs. 2(b), 3, Nov. 15, 1990, 104 Stat. 2865; Pub. L. 101-647, title 
XXXI, Secs. 3102(b), 3103, Nov. 29, 1990, 104 Stat. 4916; Pub. L. 103-
394, title III, Sec. 302, title V, Sec. 501(d)(38), Oct. 22, 1994, 108 
Stat. 4132, 4147.)


                      Historical and Revision Notes

                         legislative statements

    Section 1328(a) adopts a provision contained in the Senate amendment 
permitting the court to approve a waiver of discharge by the debtor. It 
is anticipated that such a waiver must be in writing executed after the 
order for relief in a case under chapter 13.


                        senate report no. 95-989

    The court is to enter a discharge, unless waived, as soon as 
practicable after completion of payments under the plan. The debtor is 
to be discharged of all debts provided for by the plan or disallowed 
under section 502, except a debt provided for under the plan the last 
payment on which was not due until after the completion of the plan, or 
a debt incurred for willful and malicious conversion of or injury to the 
property or person of another.
    Subsection (b) is the successor to Bankruptcy Act Section 661 
[section 1061 of former title 11]. This subsection permits the 
bankruptcy judge to grant the debtor a discharge at any time after 
confirmation of a plan, if the court determines, after notice and 
hearing, that the failure to complete payments under the plan is due to 
circumstances for which the debtor should not justly be held 
accountable, the distributions made to each creditor under the plan 
equal in value the amount that would have been paid to the creditor had 
the estate been liquidated under chapter 7 of title 11 at the date of 
the hearing under this subsection, and that modification of the plan is 
impracticable. The discharge granted under subsection (b) relieves the 
debtor from all unsecured debts provided for by the plan or disallowed 
under section 502, except nondischargeable debts described in section 
523(a) of title 11 or debts of the type covered by section 1322(b)(5).
    Subsection (d) excepts from any chapter 13 discharge a debt based on 
an allowed section 1305(a)(2) postpetition claim, if prior trustee 
approval of the incurring of the debt was practicable but was not 
obtained.
    A chapter 13 discharge obtained through fraud and before the moving 
party gained knowledge of the fraud may be revoked by the court under 
subsection (e), after notice and hearing, at the request of any party in 
interest made within 1 year after the discharge was granted.


                               Amendments

    1994--Subsec. (a)(2). Pub. L. 103-394, Sec. 501(d)(38)(A), 
substituted ``(5), (8), or (9)'' for ``(5) or (8)''.
    Subsec. (a)(3). Pub. L. 103-394, Sec. 501(d)(38)(B), struck out last 
par. (3). See 1990 Amendment note below.
    Pub. L. 103-394, Sec. 302, inserted ``, or a criminal fine,'' after 
``restitution''.
    1990--Subsec. (a)(1). Pub. L. 101-581, Sec. 3(1), and Pub. L. 101-
647, Sec. 3103(1), made identical amendments striking ``or'' at end.
    Subsec. (a)(2). Pub. L. 101-581, Sec. 3(2), and Pub. L. 101-647, 
Sec. 3103(2), made identical amendments substituting ``; or'' for period 
at end.
    Pub. L. 101-581, Sec. 2(b), and Pub. L. 101-647, Sec. 3102(b), which 
directed identical insertions of ``or 523(a)(9)'' after ``523(a)(5)'', 
could not be executed because of prior amendment by Pub. L. 101-508. See 
below.
    Pub. L. 101-508 substituted ``paragraph (5) or (8) of section 
523(a)'' for ``section 523(a)(5)''.
    Subsec. (a)(3). Pub. L. 101-581, Sec. 3(3), and Pub. L. 101-647, 
Sec. 3103(3), made identical amendments adding par. (3).
    1984--Subsec. (e)(1). Pub. L. 98-353, Sec. 532(1), inserted ``by the 
debtor'' after ``obtained''.
    Subsec. (e)(2). Pub. L. 98-353, Sec. 532(2), substituted ``the 
requesting party did not know of such fraud until'' for ``knowledge of 
such fraud came to the requesting party''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not 
applicable with respect to cases commenced under this title before Oct. 
22, 1994, see section 702 of Pub. L. 103-394, set out as a note under 
section 101 of this title.


                    Effective Date of 1990 Amendments

    Amendment by Pub. L. 101-647 effective Nov. 29, 1990, but not 
applicable with respect to cases commenced under this title before Nov. 
29, 1990, see section 3104 of Pub. L. 101-647, set out as a note under 
section 523 of this title.
    Amendment by Pub. L. 101-581 effective Nov. 15, 1990, but not 
applicable with respect to cases commenced under this title before Nov. 
15, 1990, see section 4 of Pub. L. 101-581, set out as a note under 
section 523 of this title.
    Section 3007(b)(2) of Pub. L. 101-508 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall not apply to any 
case under the provisions of title 11, United States Code, commenced 
before the date of the enactment of this Act [Nov. 5, 1990].''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-353 effective with respect to cases filed 90 
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out 
as a note under section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 523, 524 of this title; 
title 12 section 1715z-1a; title 26 sections 6327, 7437.


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