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When a Discharge is not granted in Chapter 13 Bankruptcy

bankruptcy lawyer

The court will grant a discharge in a Chapter 13 bankruptcy  if the debtor meets all of the following requirements:


The debtor has completed the plan payments.  [§1328(a)]


The debtor has paid all domestic support obligations (generally, court ordered or legally required child support and/or spousal maintenance) which accrued after the petition was filed, or which were provided for by the plan. The  debtor must certify that the required amounts have been paid.  [§1328(a)]


The debtor has completed an approved Financial Management Course.  [§1328(g), §111(d)]


The debtor has not received a discharge in a Chapter 7, 11, or 12 case filed within 4 years prior to the commencement of this Chapter 13.  [§1328(f)(1)]


The debtor has not received a discharge in a prior Chapter 13 case filed within 2 years prior to the commencement of this Chapter 13.  [§1328(f)(2)]

 

The court has found, after notice and a hearing held no more than 10 days before the granting of a discharge, that there is no reasonable cause to believe that any of the following apply:


The debtor has attempted to exempt an interest in a homestead or burial plot in excess of $125,000, and the debtor has been convicted of a felony which demonstrates that the filing of the case was an abuse of the Bankruptcy code, or there is a pending proceeding in which the debtor may be found guilty of such a felony.  [§1328(h), §522(q)(1)(A)]


The debtor owes any debt arising from, or there is a pending proceeding in which the debtor may be found liable for debt arising from:  [§1328(h)]


any violation of the Federal securities laws, [§1328(h), §522(q)(1)(B)(1)]
fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of a registered security, [§1328(h), §522(q)(1)(B)(2)]


any civil remedy under section1964 of title 18, or [§1328(h), §522(q)(1)(B)(3)]


any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years. [§1328(h), §522(q)(1)(B)(4)]


The debtor has not obtained the discharge through fraud.  A party in interest has one year after the discharge in which to request a hearing to revoke the discharge.  [§1328(e)]


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