THE CHAPTER 13
The bankruptcy law regarding the scope of the chapter 13
discharge is complex and has recently undergone major changes.
Therefore, debtors should consult competent legal counsel prior to
filing regarding the scope of the chapter 13 discharge.
A chapter 13 debtor is entitled to a discharge upon completion
of all payments under the chapter 13 plan so long as the debtor:
(1) certifies (if applicable) that all domestic support
obligations that came due prior to making such certification have
been paid; (2) has not received a discharge in a prior case filed
within a certain time frame (two years for prior chapter 13 cases
and four years for prior chapter 7, 11 and 12 cases); and (3) has
completed an approved course in financial management (if the U.S.
trustee or bankruptcy administrator for the debtor’s district
has determined that such courses are available to the debtor). 11
U.S.C. § 1328. 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).