Chapter 13 Discharge: What It Wipes Out and What Survives

How does a Chapter 13 discharge actually work?

The discharge comes at the end, not the beginning. Under 11 U.S.C. § 1328(a), the court grants the discharge as soon as practicable after you complete all payments under the plan. If you are required by an order or statute to pay a domestic support obligation, you must also certify that all amounts due on or before the certification date have been paid, including pre-petition amounts to the extent the plan provided for them. What the order covers is broad: all debts provided for by the plan or disallowed under section 502, minus the exceptions in § 1328(a)(1) through (4). Its effect is defined separately in 11 U.S.C. § 524. A discharge voids any judgment determining your personal liability on a discharged debt, and it operates as an injunction against any act to collect that debt from you personally. Creditors who ignore it are acting against a court order.

• You complete every payment the confirmed plan requires.
• You file the certification about domestic support obligations, if one applies to you.
• You file the certificate showing you completed the personal financial management course.
• The court reviews the docket and, if nothing is outstanding, enters the discharge order.

What debts survive a Chapter 13 discharge?

The exceptions are listed in 11 U.S.C. § 1328(a). A completed-plan discharge does not cover: debts provided for under section 1322(b)(5), which is the long-term-debt cure-and-maintain provision that typically covers a mortgage running past the end of the plan; certain taxes described in section 507(a)(8)(C) and in paragraphs (1)(B), (1)(C), (2), (3), (4), (5), (8) and (9) of section 523(a); restitution or a criminal fine included in a criminal sentence; and restitution or damages awarded in a civil action for willful or malicious injury that caused personal injury or death. Those § 523(a) cross-references sweep in domestic support obligations, most student loans, unfiled or fraudulent tax returns, debts obtained by fraud or a materially false written statement, fiduciary defalcation and embezzlement, and debts you never listed. Section 1328(d) separately excludes certain post-petition consumer debts under section 1305(a)(2) obtained without required trustee approval.

What is the Chapter 13 super discharge?

"Super discharge" is shorthand practitioners use for the fact that the § 1328(a) exception list is shorter than the full § 523(a) list. Section 523(a) by its own terms applies to discharges under sections 727, 1141, 1192, 1228(a), 1228(b), and 1328(b) — notice that § 1328(a) is not in that list. Instead, § 1328(a)(2) pulls in only selected paragraphs of § 523(a). The practical result is that a few categories can be discharged on plan completion in Chapter 13 that would survive a Chapter 7 discharge. A judicial guide published by the District of Maryland notes that the term dates from an era when § 1328(a) carried only one exception, for alimony and support, and that later legislation added more. The gap today is real but much narrower than the nickname suggests, and it turns on the specific paragraph of § 523(a) at issue.

• § 1328(a)(2) incorporates only listed paragraphs of § 523(a), not the whole subsection.
• The full § 523(a) list does apply to a § 1328(b) hardship discharge, under § 1328(c)(2).
• Whether a particular debt falls inside or outside the incorporated paragraphs is a legal question worth asking a lawyer about.

Where do state or local court rules differ?

The list of what gets discharged is federal and does not change from state to state. What changes is the paperwork the court expects before it will enter the order. In the Southern District of Indiana, the trustee files a Notice of Plan Completion, and within 30 days of that notice or before the trustee's final report, whichever is later, the debtor files a Motion for Entry of Chapter 12/13 Discharge plus a Certificate of Eligibility for each debtor; the discharge issues 21 days later absent objection. The Northern District of Indiana requires a Verified Motion for Entry of Discharge on a specific local form, with at least 30 days' notice to creditors. Massachusetts Local Rule 13-22 requires a motion with a supporting affidavit, served on the trustee, the U.S. trustee, creditors and any support beneficiary. Your own district's clerk publishes its procedure.

• Missing the local motion or certificate can result in the case closing without a discharge.
• Reopening is not always required — some districts let you file the missing document and still receive the discharge.
• Find the court that covers your county before you rely on any of this.

What does this look like in practice?

Two patterns come up constantly. First, the mortgage. If your plan cured a mortgage arrearage and maintained the ongoing payments under section 1322(b)(5), that debt is excepted from discharge by § 1328(a)(1) — the loan continues on its own terms after your case ends. In Massachusetts, the discharge order is expected to include a finding that pre-petition and post-petition defaults on such claims have been cured and the claim is current, with no escrow balance, late charges, costs or attorneys' fees owing. Second, liens. As the Northern District of Iowa's clerk explains, a discharge order relieves you of the personal obligation to pay, but valid liens that existed before you filed generally pass through bankruptcy unaffected. A car lender you stopped paying can still look to the car. Some liens can be avoided or satisfied through the plan, which is a separate motion, not an automatic result of discharge.

What if you cannot finish the plan?

There is a narrow route. Under 11 U.S.C. § 1328(b), after confirmation and after notice and a hearing, the court may grant a discharge to a debtor who has not completed plan payments only if three conditions are all met: the failure to complete payments is due to circumstances for which you should not justly be held accountable; the value of property actually distributed under the plan on each allowed unsecured claim is not less than what that claim would have received in a Chapter 7 liquidation as of the plan's effective date; and modification of the plan under section 1329 is not practicable. This is commonly called a hardship discharge. It covers less ground: under § 1328(c), it reaches unsecured debts provided for by the plan or disallowed under section 502, except § 1322(b)(5) debts and any debt of a kind specified in § 523(a) — the entire list, not the shorter one.

• Modification under section 1329 is considered before a hardship discharge is available.
• Dismissal is the other outcome, and under 11 U.S.C. § 349 a dismissal generally does not bar discharging those debts in a later case.
• The Western District of Kentucky advises contacting your attorney or the trustee promptly if you cannot make a plan payment.

What documents or information are involved?

The discharge is a paperwork checkpoint as much as a legal one. The Middle District of Florida lists what its court reviews before entering a Chapter 13 discharge: the debtor is an individual; no waiver of discharge is pending or approved; no order withholding discharge or notice of ineligibility has been entered; and a Statement of Completion of Course in Personal Financial Management has been filed or waived. It notes that the single most common failure is not filing Official Form 423, the Certification About a Financial Management Course, and that in a joint case each debtor must take the course and file separately. If a domestic support obligation applies, the § 1328(a) certification is required too. Filing costs are set separately from the discharge: the Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)), plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8, effective December 1, 2023).

• Official Form 423 — Certification About a Financial Management Course, one per debtor.
• The domestic support obligation certification required by § 1328(a), where applicable.
• Your district's motion for entry of discharge and any certificate of eligibility.

What should you ask a lawyer about your discharge?

The exception list is where cases turn, and it is not something to guess at. Bring your creditor list and ask which of your specific debts fall inside the paragraphs of § 523(a) that § 1328(a)(2) incorporates. Ask whether any creditor is likely to file an adversary proceeding to except a debt from discharge — the Central District of Illinois notes that some § 523 exceptions are self-executing while others must be raised through an adversary proceeding, and that objections are time-sensitive. Ask what happens to your mortgage and car liens at the end of the plan, and whether any lien can be avoided or declared satisfied. Ask about timing if you have filed before. And ask what your district requires you to file at plan completion, since a missed form can close a case without the order you spent years earning.

• Which of my debts are excepted under § 1328(a)(1)–(4)?
• Is any creditor likely to bring a nondischargeability action, and by when?
• What survives against my house and car after the plan ends?
• What must I file at plan completion in this district?

Frequently asked questions

When do I get my Chapter 13 discharge?

After you complete all payments under the confirmed plan. Section 1328(a) says the court grants the discharge as soon as practicable after completion, and the District of Arizona's guide puts it the same way: in a Chapter 13 case the discharge is granted only after you complete all payments called for by your plan. Districts add their own paperwork steps, so the exact date depends on your court and your filings.

Are student loans discharged in Chapter 13?

Generally not through the plan discharge itself. Section 1328(a)(2) incorporates paragraph (8) of § 523(a), which covers educational loans and benefit overpayments, so those debts are excepted from a completed-plan Chapter 13 discharge. The District of Arizona's guide describes student loans as nondischargeable unless the debtor files an adversary proceeding and proves undue hardship to the court.

Does a Chapter 13 discharge remove liens on my house or car?

No. As the Northern District of Iowa explains, the discharge order relieves you of the personal obligation to pay, but valid liens that existed before you filed generally pass through bankruptcy unaffected. Some liens may be avoided or satisfied through the plan, which requires a separate request. A discharge alone does not clear a mortgage or a car lien.

What is the difference between a Chapter 13 discharge and a hardship discharge?

Scope and timing. A § 1328(a) discharge follows plan completion and excepts only the debts listed in § 1328(a)(1)–(4). A § 1328(b) hardship discharge can be granted without completing payments, but only on the three findings that statute requires, and under § 1328(c) it does not reach any debt of a kind specified in § 523(a) — the full list.

Can my discharge be taken away after it is entered?

It can be revoked in limited circumstances. Objections to discharge and requests to revoke one already entered are generally commenced by adversary complaint, and the Central District of Illinois notes those deadlines are time-sensitive. The parallel Chapter 12 provision, 11 U.S.C. § 1228(d), permits revocation within one year only where the discharge was obtained through fraud the requesting party did not know about.

How long after a prior bankruptcy can I get a Chapter 13 discharge?

Under 11 U.S.C. § 1328(f), you are not entitled to a discharge in a new Chapter 13 case if you received one in a Chapter 7, 11 or 12 case filed during the four-year period before the new petition, or in a Chapter 13 case filed during the preceding two-year period. The District of Columbia bankruptcy court publishes a table showing these periods. Measure from filing date to filing date.

What does a discharge legally do to my creditors?

Section 524(a) does two things. It voids any judgment, whenever obtained, to the extent it determines your personal liability on a discharged debt. And it operates as an injunction against starting or continuing any action, using process, or taking any act to collect or offset that debt as your personal liability. Collection attempts after discharge violate a court order.

Sources

• 11 U.S.C. § 1328 — Discharge (Chapter 13) · official source
• 11 U.S.C. § 523 — Exceptions to discharge · official source
• 11 U.S.C. § 524 — Effect of discharge · official source
• 11 U.S.C. § 1228 — Discharge (Chapter 12)
• 11 U.S.C. § 349 — Effect of dismissal · official source
• 11 U.S.C. § 727 — Discharge (Chapter 7) · official source
• Bankr. M.D. Fla. Procedure Manual — Discharge - Chapter 13
• Bankr. S.D. Ind. official page — Chapter 12/13 Discharges
• N.D. Ind. L.B.R. B-4004-2
• D. Mass. LBR Appendix 1, Rule 13-22
• Bankr. N.D. Iowa official page — FAQs: Debtor
• U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
• Bankr. C.D. Ill. official guidance — ILCB Guide to Practice & Procedures (December 1, 2025)
• Bankr. D.D.C. Table Regarding Availability of Discharge if Debtor Got a Discharge in an Earlier Case
• Bankr. D. Md. official guidance — A Guide to the SBRA of 2019 - Rev. June 2022 (Hon. Paul W. Bonapfel, N.D.Ga.)
• Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney
• 28 U.S.C. § 1930(a)(1)(B)
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8

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