Which chapter discharges more debt?

The Chapter 13 discharge under 11 U.S.C. § 1328(a) is generally described as slightly broader than the Chapter 7 discharge, because § 1328(a)(2) excepts only some of the § 523(a) categories rather than all of them. The difference is narrow, and it applies only after you complete all payments under your plan.

Are student loans discharged in either chapter?

Most government-funded or guaranteed student loans and educational benefit overpayments survive both chapters, because § 523(a)(8) is among the paragraphs carried into the Chapter 13 discharge exceptions by § 1328(a)(2). One court guide explains that such debts are nondischargeable unless the debtor files an adversary proceeding and proves to the court that not discharging the debt would be an undue hardship.

Does child support ever get discharged?

No. Domestic support obligations are excepted under § 523(a)(5) and that paragraph is carried into the Chapter 13 exceptions by § 1328(a)(2). Court guidance describes child support and spousal maintenance as automatically nondischargeable. Chapter 13 goes further: § 1328(a) requires a debtor subject to a support order to certify that amounts due have been paid before a discharge is granted.

What happens if I do not finish my Chapter 13 plan?

Section 1328(b) allows the court to grant a discharge to a debtor who has not completed plan payments, but only on specific findings, including that the failure was due to circumstances the debtor should not justly be held accountable for. A discharge granted that way is narrower: § 1328(c)(2) excepts any debt of a kind specified in § 523(a).

Does a discharge remove a lien on my house or car?

No. A discharge relieves personal liability for the debt but does not eliminate a mortgage or security interest granted to a lender. Court guidance explains that valid liens existing before the filing date generally pass through bankruptcy unaffected, although certain liens may be avoided or satisfied through a plan or reorganization.

Can a creditor fight a discharge of a particular debt?

Yes. Court guidance explains that some exceptions to discharge are self-executing while others must be raised through an adversary proceeding, and that objections to discharge are time-sensitive. Debts arising from fraud, embezzlement, or willful injury are commonly the ones a creditor raises this way, by bringing a nondischargeability action against the debtor.

Does either chapter protect someone who co-signed my loan?

Chapter 13 includes a codebtor stay that Chapter 7 does not. Under 11 U.S.C. § 1301, after the order for relief a creditor generally may not act to collect a consumer debt from an individual who is liable on the debt with you, subject to exceptions in the statute and to a creditor's right to request relief from that stay.

Debts & discharge

Debts That Survive Chapter 7 Compared With Chapter 13

Some debts survive both chapters. Chapter 7 discharges debts except those listed in 11 U.S.C. § 523(a), which covers most taxes, domestic support, student loans absent undue hardship, fraud debts, and drunk-driving injury claims. A Chapter 13 discharge under § 1328(a) is generally broader, because it excepts only some of those categories, so a few debts that survive Chapter 7 can be discharged after plan completion.

Key points

Chapter 7 discharges debts other than the categories excepted by 11 U.S.C. § 523(a), which the statute applies directly to a § 727 discharge.
The Chapter 13 discharge under 11 U.S.C. § 1328(a) is commonly described as broader because it lists only some of the § 523(a) exceptions.
Domestic support obligations, most taxes, and most student loans generally survive both chapters.
A discharge removes personal liability but generally leaves valid liens on your property in place.
Some exceptions are automatic and others require a creditor to file an adversary proceeding, so the outcome can depend on whether anyone objects.

If you are deciding between Chapter 7 and Chapter 13, the honest question is not just which one you can file but which one actually reaches the debts that are hurting you. The two chapters do not discharge exactly the same list. This page walks through what federal law says survives each one, and where the difference is real rather than theoretical.

How does a discharge decide which debts survive?

A discharge relieves you of personal responsibility for debts. It is not universal. Section 523(a) of the Bankruptcy Code opens by saying that a discharge under section 727, 1141, 1192, 1228(a), 1228(b), or 1328(b) "does not discharge an individual debtor from any debt" in the listed categories (11 U.S.C. § 523(a)). Those categories are the exceptions that survive a Chapter 7 case.

Chapter 13 works differently. After you complete all payments under your plan, and after certifying that required domestic support payments are current, the court grants a discharge of debts provided for by the plan "except" a specific, shorter list (11 U.S.C. § 1328(a)). Because § 1328(a) pulls in only some paragraphs of § 523(a) rather than all of them, one district court's guidance describes it plainly: "A slightly broader discharge of debts is available to a debtor in a Chapter 13 case than in a Chapter 7 case" (Bankr. N.D. Iowa official page — FAQs: Debtor).

Which debts survive both Chapter 7 and Chapter 13?

Several categories are excepted under § 523(a) and are also carried into the Chapter 13 discharge exceptions in § 1328(a)(2). These are the debts least likely to be resolved by either consumer chapter.

A district court guide lists what commonly survives: "most taxes; most student loans; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; and certain debts that are not listed in your bankruptcy papers" (U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy). The same notice adds debts arising from fraud or theft, breach of fiduciary duty, intentional injuries you inflicted, and death or personal injury from operating a vehicle while intoxicated.

Section 1328(a) separately excepts restitution or a criminal fine included in a criminal sentence, and restitution or damages awarded in a civil action for willful or malicious injury causing personal injury or death.

Most tax claims of the kinds described in 11 U.S.C. § 523(a)(1) and § 507(a)(8)
Domestic support obligations, which also hold first priority under 11 U.S.C. § 507(a)(1)
Most government-funded or guaranteed student loans and educational benefit overpayments
Debts obtained by false pretenses, false representation, or actual fraud
Debts for death or personal injury caused by intoxicated operation of a vehicle
Criminal fines and restitution included in a sentence

What does Chapter 13 discharge that Chapter 7 does not?

The difference is structural. Section 523(a) applies its full list to a Chapter 7 discharge. Section 1328(a)(2) excepts only debts "of the kind specified in section 507(a)(8)(C) or in paragraph (1)(B), (1)(C), (2), (3), (4), (5), (8), or (9) of section 523(a)."

Paragraphs of § 523(a) that are not on that list are not carried into the § 1328(a) discharge. That is why courts describe the completed-plan Chapter 13 discharge as slightly broader. It is a narrow difference, not a sweeping one, and it depends on completing plan payments.

That last condition matters. Section 1328(a) grants the discharge "as soon as practicable after completion by the debtor of all payments under the plan." If payments are not completed, § 1328(b) allows a hardship discharge only on specific findings, and § 1328(c) then excepts "any debt of a kind specified in section 523(a)" — the full Chapter 7 list.

How the two discharges are defined
Feature	Chapter 7	Chapter 13 (completed plan)
Governing discharge provision	11 U.S.C. § 523(a) applies to a § 727 discharge	11 U.S.C. § 1328(a)
Exceptions applied	All categories listed in § 523(a)	Only § 507(a)(8)(C) and § 523(a)(1)(B), (1)(C), (2), (3), (4), (5), (8), (9)
When granted	After the objection deadline passes	After completion of all plan payments
Domestic support certification	Not required by § 1328(a)	Required before discharge under § 1328(a)
If plan payments are not completed	Not applicable	Hardship discharge under § 1328(b); § 1328(c) then excepts all § 523(a) debts

What does federal law actually say about the exceptions?

Section 523(a) is a list, and the categories are specific rather than general. Paragraph (1) covers taxes and customs duties, including taxes for which a required return was never filed, or was filed late and after two years before the petition date, or for which the debtor filed a fraudulent return or willfully attempted to evade the tax (11 U.S.C. § 523(a)).

Paragraph (2) covers money, property, services, or credit obtained by false pretenses, false representation, or actual fraud, and by written statements about financial condition that were materially false and reasonably relied on. Paragraph (3) covers debts you neither listed nor scheduled in time for the creditor to act.

The statute also contains presumptions. Consumer debts to a single creditor aggregating more than a stated amount for luxury goods or services incurred within 90 days before the order for relief are presumed nondischargeable, as are cash advances over a stated amount under an open-end credit plan obtained within 70 days (11 U.S.C. § 523(a)).

Where do state or local rules change this?

Dischargeability is federal. Sections 523(a), 727(b), and 1328(a) apply the same way in every district, so the list of debts that survive does not change when you cross a state line.

What does change by state is what property you can protect. Section 522 lets a debtor claim exemptions under other federal law and under the law of the state of domicile, and "The States may, by passing a law, determine whether the Federal exemptions will apply as an alternative to State exemptions in bankruptcy cases" (11 U.S.C. § 522). Those amounts live on our state pages rather than here.

Local practice also varies in procedure. Districts publish their own local rules and forms, and courts note that requirements such as objection deadlines and filing procedures are set out in local rules (Bankr. C.D. Ill. official guidance — ILCB Guide to Practice & Procedures (December 1, 2025)). Your district's clerk is the authority on those steps.

What does this look like in practice?

Start with what a discharge does not touch at all. A discharge "only relieves the debtor of personal liability for the debt; it does not eliminate any mortgage or security interest in the debtor's property that the debtor granted to a lender" (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter). Valid prepetition liens generally pass through bankruptcy unaffected, though some may be avoided or satisfied through a plan (Bankr. N.D. Iowa official page — FAQs: Debtor).

Some exceptions operate on their own and some require litigation. As one court guide puts it, "some are self-executing and others must be raised through an adversary proceeding" (Bankr. C.D. Ill. official guidance). Child support and spousal maintenance are automatically nondischargeable; student loans are nondischargeable unless the debtor files an adversary proceeding and proves undue hardship (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter).

Chapter 13 also offers a codebtor stay under 11 U.S.C. § 1301 that Chapter 7 does not.

What documents and information does this involve?

Dischargeability turns on how a debt is characterized and whether it was disclosed, so the paperwork matters more than people expect. Section 523(a)(3) excepts debts "neither listed nor scheduled" with the creditor's name in time for the creditor to act. Schedules are signed under penalty of perjury, and courts allow amendments; some districts charge a fee to add creditors after filing.

Both chapters carry the same court fees. Chapter 7 has a $245 filing fee (28 U.S.C. § 1930(a)(1)(A), (f)(1)), a $78 administrative fee, and a $15 trustee surcharge. Chapter 13 has a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) and a $78 administrative fee.

A complete creditor list, including debts you might assume are unlisted or forgotten
Tax returns and filing dates, since § 523(a)(1)(B) turns on whether and when a return was filed
Any divorce decree, separation agreement, or support order
Student loan account records and servicer correspondence
Judgments or pending lawsuits, including anything alleging fraud or intentional injury
Documentation for any recent large purchases or cash advances

What should you ask a lawyer about your own debts?

Court materials are consistent that the chapter decision is not one to make alone. One notice states directly: "You should have an attorney review your decision to file for bankruptcy and the choice of chapter" (U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy). Clerk's offices are prohibited from giving legal advice.

Go in with your actual debts written down, not categories. The question that decides most of this is how each specific debt is characterized under § 523(a), and that is a fact question about your paperwork and history.

Which of my specific debts fall inside a § 523(a) category, and why
Would any of my debts be discharged under § 1328(a) but not in Chapter 7
Is any creditor likely to file an adversary proceeding, and on what theory
How are my tax debts characterized given when the returns were filed
What happens to my liens after discharge under either chapter
What would completing a Chapter 13 plan realistically require of me

Frequently asked questions

Which chapter discharges more debt?: The Chapter 13 discharge under 11 U.S.C. § 1328(a) is generally described as slightly broader than the Chapter 7 discharge, because § 1328(a)(2) excepts only some of the § 523(a) categories rather than all of them. The difference is narrow, and it applies only after you complete all payments under your plan.
Are student loans discharged in either chapter?: Most government-funded or guaranteed student loans and educational benefit overpayments survive both chapters, because § 523(a)(8) is among the paragraphs carried into the Chapter 13 discharge exceptions by § 1328(a)(2). One court guide explains that such debts are nondischargeable unless the debtor files an adversary proceeding and proves to the court that not discharging the debt would be an undue hardship.
Does child support ever get discharged?: No. Domestic support obligations are excepted under § 523(a)(5) and that paragraph is carried into the Chapter 13 exceptions by § 1328(a)(2). Court guidance describes child support and spousal maintenance as automatically nondischargeable. Chapter 13 goes further: § 1328(a) requires a debtor subject to a support order to certify that amounts due have been paid before a discharge is granted.
What happens if I do not finish my Chapter 13 plan?: Section 1328(b) allows the court to grant a discharge to a debtor who has not completed plan payments, but only on specific findings, including that the failure was due to circumstances the debtor should not justly be held accountable for. A discharge granted that way is narrower: § 1328(c)(2) excepts any debt of a kind specified in § 523(a).
Does a discharge remove a lien on my house or car?: No. A discharge relieves personal liability for the debt but does not eliminate a mortgage or security interest granted to a lender. Court guidance explains that valid liens existing before the filing date generally pass through bankruptcy unaffected, although certain liens may be avoided or satisfied through a plan or reorganization.
Can a creditor fight a discharge of a particular debt?: Yes. Court guidance explains that some exceptions to discharge are self-executing while others must be raised through an adversary proceeding, and that objections to discharge are time-sensitive. Debts arising from fraud, embezzlement, or willful injury are commonly the ones a creditor raises this way, by bringing a nondischargeability action against the debtor.
Does either chapter protect someone who co-signed my loan?: Chapter 13 includes a codebtor stay that Chapter 7 does not. Under 11 U.S.C. § 1301, after the order for relief a creditor generally may not act to collect a consumer debt from an individual who is liable on the debt with you, subject to exceptions in the statute and to a creditor's right to request relief from that stay.

Sources

11 U.S.C. § 523 — Exceptions to discharge · official source
11 U.S.C. § 1328 — Discharge · official source
11 U.S.C. § 507 — Priorities · official source
11 U.S.C. § 522 — Exemptions · official source
11 U.S.C. § 1301 — Stay of action against codebtor · official source
11 U.S.C. § 1322 — Contents of plan · official source
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?
U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy
Bankr. C.D. Ill. official guidance — ILCB Guide to Practice & Procedures (December 1, 2025)
28 U.S.C. § 1930(a)(1)(A), (f)(1)
28 U.S.C. § 1930(a)(1)(B)
Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Bankruptcy Court Miscellaneous Fee Schedule, Item 9

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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