Federal · Title 11 — Bankruptcy

11 U.S.C. § 1328: Discharge

Civil

What this law says, in plain English

Statute governs discharge of debts in bankruptcy proceedings, specifying which debts may be discharged, conditions for discharge eligibility, and limitations on discharge based on prior bankruptcy filings and completion of financial management courses.

Read the full statutory text
provided for under section 1322(b)(5); of the kind specified in section 507(a)(8)(C) or in paragraph (1)(B), (1)(C), (2), (3), (4), (5), (8), or (9) of section 523(a); for restitution, or a criminal fine, included in a sentence on the debtor’s conviction of a crime; or for restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual. the debtor’s failure to complete such payments is due to circumstances for which the debtor should not justly be held accountable; 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 modification of the plan under section 1329 of this title is not practicable. provided for under section 1322(b)(5) of this title ; or of a kind specified in section 523(a) of this title . 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. such discharge was obtained by the debtor through fraud; and the requesting party did not know of such fraud until after such discharge was granted. in a case filed under chapter 7, 11, or 12 of this title during the 4-year period preceding the date of the order for relief under this chapter, or in a case filed under chapter 13 of this title during the 2-year period preceding the date of such order. The court shall not grant a discharge under this section to a debtor unless after filing a petition the debtor has completed an instructional course concerning personal financial management described in section 111. Paragraph (1) shall not apply with respect to a debtor who is a person described in section 109(h)(4) or who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved instructional courses are not adequate to service the additional individuals who would otherwise be required to complete such instructional course by reason of the requirements of paragraph (1). The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in paragraph (2) shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter. section 522(q)(1) may be applicable to the debtor; and there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).

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