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When is the Chapter 13 bankruptcy discharge?

On Behalf of | Apr 15, 2020 | Chapter 13 Bankruptcy

When you file a Chapter 13 bankruptcy, you learn that this is a repayment plan that will last three to five years before your case is complete. This means that you will not get your discharge until you complete your repayment plan. Unlike a Chapter 7, you will not get immediate relief under your bankruptcy, so it is essential to maintain your payments under your plan.

If you follow your plan and complete all payments, the U.S. Courts explains you are eligible for a discharge. However, there are other requirements you must meet to get the actual discharge from the court.

Financial management course

You must complete the financial management course required by bankruptcy law before your discharge. The court will require documentation to show you have completed an approved course.

Support obligations

You must also be current on all domestic support responsibilities. For example, if you pay child support, your account must be current and all past due amounts paid.

Homestead exemption

You must not have any proceedings pending to limit your homestead exemption. The court will check this completely to ensure there is no reason to believe there will be proceedings as well.

No prior discharge

You also cannot have a previous bankruptcy discharge within the last two years.

The discharge

Once the court grants your discharge, your plan is complete. The court will waive all outstanding debts that you did not pay through your plan and that are dischargeable through bankruptcy. In addition, any creditors you partially paid through your plan cannot continue to try to collect as the court will also discharge the remaining portion of those debts.