Discharge Of Debtor After Completion Of Chapter 13 Plan (Page 2 of 2) in pdf

Form 18W (08/07)

EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 13 CASE

This court order grants a discharge to the person named as the debtor after the debtor has

completed all payments under the chapter 13 plan. It is not a dismissal of the case.

Collection of Discharged Debts Prohibited

The discharge prohibits any attempt to collect from the debtor a debt that has been discharged.

For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or

continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged

debt from the debtor. [In a case involving community property: There are also special rules that protect

certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy

case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor.

However, a creditor may have the right to enforce a valid lien, such as a mortgage or security

interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the

bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged.

Debts That are Discharged

The chapter 13 discharge order eliminates a debtor's legal obligation to pay a debt that is

discharged. Most, but not all, types of debts are discharged if the debt is provided for by the chapter 13

plan or is disallowed by the court pursuant to section 502 of the Bankruptcy Code.

Debts That are Not Discharged

Some of the common types of debts which are not discharged in a chapter 13 bankruptcy case

are:

a. Domestic support obligations;

b. Debts for most student loans;

c. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;

d. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle,

vessel, or aircraft while intoxicated;

e. Debts for restitution, or damages, awarded in a civil action against the debtor as a result of

malicious or willful injury by the debtor that caused personal injury to an individual or the

death of an individual (in a case filed on or after October 17, 2005);

Debts provided for under section 1322(b)(5) of the Bankruptcy Code and on which the last

payment is due after the date on which the final payment under the plan was due;

g. Debts for certain consumer purchases made after the bankruptcy case was filed if prior

approval by the trustee of the debtor’s incurring the debt was practicable but was not

obtained;

h. Debts for certain taxes to the extent not paid in full under the plan (in a case filed on or after

October 17, 2005); and

Some debts which were not properly listed by the debtor (in a case filed on or after October

17, 2005).

This information is only a general summary of the bankruptcy discharge. There are exceptions to

these general rules. Because the law is complicated, you may want to consult an attorney to

determine the exact effect of the discharge in this case.

Discharge Of Debtor After Completion Of Chapter 13 Plan Page 2