A chapter 13 debtor may receive a discharge under the bankruptcy code once many conditions have been met. These conditions most commonly include, but are not limited to:
(1) The debtor did not receive a discharge of debt under a Chapter 13 during the last two years;
(2) Completed the US Trustee's financial management course, and
(3) If applicable, has completed or is up to date on any pending domestic support responsibilities
The discharge allows the debtor to be discharged from any back obligations with creditors who were a part of the bankruptcy plan. The discharge will not relieve the debtor of future debts or any debts which the debtor continues to have. These debts may include payments on houses, cars or other secured debt. The debts may also include any domestic support obligations, taxes to governments.
The discharge also will not relieve the debtor of any obligations owed to persons whose debt may have included fraud or personal injuries inflicted as a result of a crime. Most important of all, debtors must remember that for a debt to be relieved it must have occurred before the filing and be part of the plan. Those who incur debt after the filing of a plan must either amend the petition before the plan is confirmed, get the plan amended, or convert the petition to a Chapter 7 and include the post-filing debt in the discharge plan before the court.
Please click below to learn more about:
