Section 1328 Information
Section 1328 provides that after a debtor fulfills all obligations under a confirmed Chapter 13 plan, the court shall grant a discharge of debts covered by the plan. The discharge typically eliminates unsecured debts such as credit cards, medical bills, and personal loans. However, certain debts are not dischargeable, including student loans, most taxes, domestic support obligations, and debts arising from fraud or willful injury. Section 1328 distinguishes between a **full discharge** (after plan completion) and a **hardship discharge** (if payments cannot be completed due to circumstances beyond the debtor’s control). The provision encourages debtors to complete repayment plans by rewarding them with broad debt relief at the end.
Florida Legal Definition
In Florida, Section 1328 applies in all federal bankruptcy courts handling Chapter 13 cases. Debtors who successfully complete their repayment plans receive a discharge order signed by the bankruptcy judge, which legally releases them from most debts included in the plan. Florida bankruptcy courts strictly follow the federal non-dischargeable debt categories and require debtors to certify that all domestic support obligations are current before granting discharge. Additionally, Florida debtors must complete a financial management course as required under **11 U.S.C. §1328(g)**. Once discharge is granted, creditors listed in the plan are permanently barred from attempting to collect on discharged debts.
How It’s Used in Practice
In practice, Section 1328 marks the final step of a Chapter 13 bankruptcy case. After three to five years of payments, the trustee reviews the debtor’s compliance and files a motion recommending discharge. Florida debtors often use Section 1328 to eliminate unsecured debts while keeping their homes or vehicles through continued payments. In cases of illness, job loss, or other hardship, the court may grant a partial discharge if the debtor’s failure to complete payments was beyond their control. Attorneys ensure all documentation, including payment certifications and debtor education completion, is submitted before discharge is issued.
Key Takeaways
- Section 1328 governs the discharge of debts after successful completion of a Chapter 13 repayment plan.
- It eliminates most unsecured debts but excludes certain obligations like student loans, taxes, and domestic support.
- Florida courts require full plan compliance and financial education certification before granting discharge.
- A hardship discharge may be available if payments cannot be completed for reasons beyond the debtor’s control.
- The Section 1328 discharge provides debtors with a fresh financial start after fulfilling their repayment commitments.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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