Discharge in a Chapter 13 Bankruptcy

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

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. Debts that are in the nature of alimony, maintenance, or support;
        b. Debts for most student loans;
        c. Debts for most restitution and criminal fines;
        d. Debts for personal injuries or death caused by the debtor's operation of a motor
            vehicle, vessel, or aircraft while intoxicated;
        e. Debts provided for under section 1322(b)(5) of the Bankruptcy Code (long term debt)
 

Debtor’s Certified Motion for Discharge

Any debtor seeking entry of a discharge under 11 U.S.C. Section 1328(a) in a case filed on or
after April 20, 2005, shall file the local form “Debtor’s Certified Motion for Discharge and
Notice of Deadline to Object” (IANB1328) upon completion of all payments under the plan.

Financial Management Certificate

Individual debtors must complete and file a Debtor’s Certification of Completion of Instructional
Course Concerning Financial Management (Official Form B23 - 10/06) and a Certificate of
Completion of Instructional Course Concerning Personal Financial Management no later than
the last payment made by the debtor as required by the plan or the filing of a motion for entry of
a discharge under § 1328(b) in a chapter 13 case.
Failure to file both certifications may result in the case being closed without an entry of discharge.

Domestic Support Obligations

Debtor must be current on Domestic Support Obligations prior to confirmation of plan. Debtor
must certify that current support debt has been paid before a discharge can enter.

Debtor’s Certification

A debtor must file a Debtor’s Certification Re: 11 U.S.C. Section 522 (Form IANB-522), not
earlier than the date of the last plan payment. On this form the debtor(s) certify whether he/she
has been found guilty of a felony or liable for specified debts or whether such proceedings are
pending.

NOTE: The Clerk’s Office cannot issue the discharge until the debtors have filed the statement
regarding Section 522, and they cannot file the statement until they have made their last plan
payment.

* 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.