Chapter 13 Discharge


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CHAPTER 13 BANKRUPTCY DISCHARGE

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The laws regarding Chapter 13 discharge is rather complex and each case is affected differently, so it’s best addressed in a consultation with an attorney.

Basically, you receive a discharge in your Chapter 13 bankruptcy case when the following things have occurred:

  • you have made all payments due under your Payment Plan and:
  • all support obligations (child support, alimony, support before alimony) that were due to date have been paid
  • you have not received a discharge in a prior bankruptcy case filed within two years for prior chapter 13 case and four years for prior chapter 7 (11 and 12 cases)
  • you have completed the Financial Management Course
  • The court will not enter the discharge, however, until it determines, after notice and a hearing, that there is no reason to believe there is any pending proceeding that might give rise to a limitation on the debtor’s homestead exemption. 11 U.S.C. § 1328(h).

A Chapter 13 discharge releases you from all debts included in the Payment Plan. Creditors, either paid in full, or partially (according to the terms of the repayment plan) can no longer pursue you for a debt included in the Plan and repaid as per its terms.

DEBTS NOT DISCHARGED IN CHAPTER 13

  • Student loans, except hardship cases
  • Debts of most taxes owed
  • Alimony, maintenance, and child support
  • Debts of fines, penalties or criminal restitution
  • Debts owed for personal injuries caused by driving while under the influence of alcohol or drugs
  • Debts not listed on the Bankruptcy Petition

CHAPTER 13 HARDSHIP DISCHARGE:

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If, after the confirmation of your Payment Plan you experience a change in circumstances that prevents you from completing your Plan, you may ask the court to grant you a “hardship discharge.” 11 U.S.C. § 1328(b).

This sort of discharge is only available if:
  • You fail to complete the Payment Plan because of circumstances beyond your control and through no fault of your own
  • Creditors received about as much money as they would have received had you filed a Chapter 7
Acceptable reasons for asking for a Hardship Discharge:
  • Severe injury that keeps you from working or living a normal life
  • You have become very ill since you entered into the Chapter 13 Plan
  • You no longer have an income adequate enough to support the Plan

Even with a Hardship Discharge, those debts that are non-dischargeable in a Chapter 7 or 13 are not dischargeable here either.

12 EASY STEPS TO A CHAPTER 13 BANKRUPTCY

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1. Begin your Chapter 13 process
2. Gather list of debts
3. Email them to us or bring to our office
4. We prepare your Nevada Chapter 13 Bankruptcy Petition
5. You attend pre-filing Credit Counseling
6. You come to our office and sign your Nevada Bankruptcy Petition
7. We file your Nevada Bankruptcy Petition
8. You attend a Creditor Meeting with your attorney
9. You attend the pre-discharge Debtor Education class
10. You follow your Chapter 13 bankruptcy repayment plan
11. Your bankruptcy gets discharged
12. You go on with a life free of creditor harassment!

WHY FILING YOUR BANKRUPTCY WITH US IS YOUR BEST OPTION

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