What types of debts are dischargeable under chapter 13?
March 28, 2008
A full chapter 13 discharge must be granted upon the completion of all payments required in the plan discharges a debtor from all debts except:
- debts that were paid outside of the plan and not covered in the plan,
- debts for alimony, maintenance, or support
- debts for death or personal injury caused by the debtor’s operation of a motor vehicle while unlawfully intoxicated,
- debts for restitution or criminal fines included in a criminal sentence imposed on the debtor,
- debts for most student loans or educational obligations that first became less than 7 years before the case was filed,
- installment debts whose last payment is due after the completion of the plan, and
- debts incurred while the plan was in effect that were not paid under the plan.
A partial chapter 13 discharge granted when a debtor is unable to complete the payments under a plan due to circumstances for which the debtor should not be held accountable, discharges the debtor from all debts except
- secured debts (i.e., debts secured by mortgages or liens),
- debts that were paid outside of the plan and not covered in the plan,
- installment debts whose last payment is due after the completion of the plan,
- debts incurred while the plan was in effect that were not paid under the plan, and
- debts that are not dischargeable under chapter 7.
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