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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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    Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 35 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..