11 U.S.C. § 1328
Discharge
Section 1328(a) adopts a provision contained in the Senate amendment permitting the court to approve a waiver of discharge by the debtor. It is anticipated that such a waiver must be in writing executed after the order for relief in a case under chapter 13.
The court is to enter a discharge, unless waived, as soon as practicable after completion of payments under the plan. The debtor is to be discharged of all debts provided for by the plan or disallowed under section 502, except a debt provided for under the plan the last payment on which was not due until after the completion of the plan, or a debt incurred for willful and malicious conversion of or injury to the property or person of another.
Subsection (b) is the successor to Bankruptcy Act Section 661 [section 1061 of former title 11]. This subsection permits the bankruptcy judge to grant the debtor a discharge at any time after confirmation of a plan, if the court determines, after notice and hearing, that the failure to complete payments under the plan is due to circumstances for which the debtor should not justly be held accountable, the distributions made to each creditor under the plan equal in value the amount that would have been paid to the creditor had the estate been liquidated under chapter 7 of title 11 at the date of the hearing under this subsection, and that modification of the plan is impracticable. The discharge granted under subsection (b) relieves the debtor from all unsecured debts provided for by the plan or disallowed under section 502, except nondischargeable debts described in section 523(a) of title 11 or debts of the type covered by section 1322(b)(5).
Subsection (d) excepts from any chapter 13 discharge a debt based on an allowed section 1305(a)(2) postpetition claim, if prior trustee approval of the incurring of the debt was practicable but was not obtained.
A chapter 13 discharge obtained through fraud and before the moving party gained knowledge of the fraud may be revoked by the court under subsection (e), after notice and hearing, at the request of any party in interest made within 1 year after the discharge was granted.
2020—Subsec. (i). Pub. L. 116–260, § 1001(b)(2), struck out subsec. (i) which read as follows: “Subject to subsection (d), after notice and a hearing, the court may grant a discharge of debts dischargeable under subsection (a) to a debtor who has not completed payments to the trustee or a creditor holding a security interest in the principal residence of the debtor if—
“(1) the debtor defaults on not more than 3 monthly payments due on a residential mortgage under section 1322(b)(5) on or after
“(2)(A) the plan provides for the curing of a default and maintenance of payments on a residential mortgage under section 1322(b)(5); and
“(B) the debtor has entered into a forbearance agreement or loan modification agreement with the holder or servicer (as defined in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)) of the mortgage described in subparagraph (A).”
Pub. L. 116–260, § 1001(b)(1), added subsec. (i).
2005—Subsec. (a). Pub. L. 109–8, § 330(d)(1), substituted “Subject to subsection (d), as” for “As” in introductory provisions.
Pub. L. 109–8, § 314(b), added pars. (1) to (4) and struck out former pars. (1) to (3) which read as follows:
“(1) provided for under section 1322(b)(5) of this title;
“(2) of the kind specified in paragraph (5), (8), or (9) of section 523(a) of this title; or
“(3) for restitution, or a criminal fine, included in a sentence on the debtor’s conviction of a crime.”
Pub. L. 109–8, § 213(11), inserted “, and in the case of a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, after such debtor certifies that all amounts payable under such order or such statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have been paid” after “completion by the debtor of all payments under the plan” in introductory provisions.
Subsec. (a)(2). Pub. L. 109–8, § 707, substituted “section 507(a)(8)(C) or in paragraph (1)(B), (1)(C),” for “paragraph”.
Subsec. (b). Pub. L. 109–8, § 330(d)(2), substituted “Subject to subsection (d), at” for “At” in introductory provisions.
Subsec. (f). Pub. L. 109–8, § 312(2), added subsec. (f).
Subsec. (g). Pub. L. 109–8, § 106(c), added subsec. (g).
Subsec. (h). Pub. L. 109–8, § 330(d)(3), added subsec. (h).
1994—Subsec. (a)(2). Pub. L. 103–394, § 501(d)(38)(A), substituted “(5), (8), or (9)” for “(5) or (8)”.
Subsec. (a)(3). Pub. L. 103–394, § 501(d)(38)(B), struck out last par. (3). See 1990 Amendment note below.
Pub. L. 103–394, § 302, inserted “, or a criminal fine,” after “restitution”.
1990—Subsec. (a)(1). Pub. L. 101–581, § 3(1), and Pub. L. 101–647, § 3103(1), made identical amendments striking “or” at end.
Subsec. (a)(2). Pub. L. 101–581, § 3(2), and Pub. L. 101–647, § 3103(2), made identical amendments substituting “; or” for period at end.
Pub. L. 101–581, § 2(b), and Pub. L. 101–647, § 3102(b), which directed identical insertions of “or 523(a)(9)” after “523(a)(5)”, could not be executed because of prior amendment by Pub. L. 101–508. See below.
Pub. L. 101–508 substituted “paragraph (5) or (8) of section 523(a)” for “section 523(a)(5)”.
Subsec. (a)(3). Pub. L. 101–581, § 3(3), and Pub. L. 101–647, § 3103(3), made identical amendments adding par. (3).
1984—Subsec. (e)(1). Pub. L. 98–353, § 532(1), inserted “by the debtor” after “obtained”.
Subsec. (e)(2). Pub. L. 98–353, § 532(2), substituted “the requesting party did not know of such fraud until” for “knowledge of such fraud came to the requesting party”.
Pub. L. 116–260, div. FF, title X, § 1001(b)(2),
Amendments by Pub. L. 109–8 effective 180 days after
Amendment by Pub. L. 103–394 effective
Amendment by Pub. L. 101–647 effective
Amendment by Pub. L. 101–581 effective
Pub. L. 101–508, title III, § 3007(b)(2),
Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after