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2021 Stroock Bankruptcy Guide

Issue link: https://mbozikis.ufcontent.com/i/1422521

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219 2. Discharge Unless the court approves a postpetition written waiver of discharge executed by the debtor, a Chapter 13 debtor is entitled to a discharge of all debts provided for by the plan or disallowed under Section 502 of the Bankruptcy Code 122 (with certain exceptions discussed below) as soon as practicable after completion of all payments under the plan 123 so long as the debtor has (i) not received a discharge in a case filed under Chapter 7, 11 or 12 of the Bankruptcy Code in the four years preceding the petition date or under Chapter 13 of the Bankruptcy Code in the two years preceding the petition date and (ii) completed an instructional course concerning personal financial management. 11 U.S.C. ยง 1328. The following debts, however, are non- dischargeable in a Chapter 13 case: (i) any debt with respect to which the final payment is not due until after the date on which the final payment under the plan is due; (ii) certain tax claims; (iii) any claim for money, property, services or an extension, renewal or refinancing of credit obtained by false pretenses; (iv) any claim not listed in the debtor's schedules or list of creditors where the holder of such claim lacked notice or actual knowledge of the debtor's bankruptcy case so as to be able to timely file a proof of claim; (v) any claim for fraud or defalcation while the debtor was acting in a fiduciary capacity, embezzlement or larceny; (vi) domestic support obligations; 122 Section 502 is discussed in Chapter V.D.5. above. 123 Where applicable, a Chapter 13 debtor may also need to certify that all required domestic support obligations have been paid.

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