Chapter 13 Bankruptcy Discharge

Law Office of John Bristol
1776 N. Pine Island Road, #224, Plantation, Florida 33322
(954) 475-2265

Since 1988, Fort Lauderdale Bankruptcy Attorney Center of John Bristol has filed more than 5,000 consumer Chapter 7 Bankruptcy and Chapter 13 Bankruptcy Cases in the Fort Lauderdale area (the Southern District of Florida). As a Fort Lauderdale Bankruptcy Attorney; John concentrates his Bankruptcy law practice only in Broward County. We offer PAYMENT PLANS and give FREE CONSULTATIONS (954) 475-2265

A debtor is entitled to a Chapter 13 Bankruptcy Discharge upon completion of all payments under the chapter 13 plan. 

Upon completion of all payment s under a Chapter 13 Bankruptcy plan, you are entitled to a Chapter 13 Bankruptcy Discharge.  You will receive the discharge  so long as you: (1) certifies (if applicable) that all domestic support obligations that came due prior to making such certification have been paid; (2) has not received a chapter 13 bankruptcy discharge in a prior case filed within a certain time frame (two years for prior chapter 13 Bankruptcy cases and four years for prior chapter 7, 11 and 12 cases); and (3) has completed an approved course in financial management (if the bankruptcy Court administrator for the debtor's district has determined that such courses are available to the debtor). 11 U.S.C. § 1328. The court will not enter the Chapter 13 Bankruptcy discharge, however, until it determines, after notice and a hearing, that there is no reason to believe there is any pending proceeding that might give rise to a limitation on the debtor's homestead exemption. 11 U.S.C. § 1328(h).  As your Chapter 13 bankruptcy Attorney, John Bristol will advise you of all aspects of the Chapter 13 Bankruptcy Discharge.

The Chapter 13 Bankruptcy discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

 

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Fort Lauderdale Bankruptcy Attorney John Bristol has filed more than 10,000 Bankruptcy cases in Florida since 1988. We concentrate Now our law practice on Chapter 7 Bankruptcy (liquidation) and Chapter 13 Bankruptcy (personal reorganization) cases in the Fort Lauderdale and Broward County area

As a general rule, the chapter 13 bankruptcy discharge releases the debtor from all debts provided for by the plan or disallowed, with the exception of certain debts referenced in 11 U.S.C. § 1328. Debts not discharged in chapter 13 bankruptcy include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit over payments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. To the extent that they are not fully paid under the chapter 13 discharge, the debtor will still be responsible for these debts after the bankruptcy case has concluded. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared non- discharge. 11 U.S.C. §§ 1328, 523(c); Fed. R. Bankr. P. 4007(c).

The discharge in a chapter 13 Bankruptcy case is somewhat broader than in a chapter 7 case. Debts discharge in a chapter 13 Bankruptcy, but not in chapter 7 bankruptcy, include debts for willful and malicious injury to property (as opposed to a person), debts incurred to pay non-discharge tax obligations, and debts arising from property settlements in divorce or separation proceedings. 11 U.S.C. § 1328(a). For more information see US Courts.gov

The Law Office is on the Corner of Sunrise Boulevard and Pine Island Road

From I 95: Take Sunrise Boulevard West to Pine Island Road

From I 595: Take Pine Island Road North to Sunrise Boulevard

1776 N. Pine Island Road, #224

Plantation, Florida 33322

Please Contact Us With Any Questions

  • Fort Lauderdale Bankruptcy Attorney Center US
  • Fort Lauderdale Bankruptcy Attorney Center Bar
  • Fort Lauderdale Bankruptcy Attorney Center NSU
  • Fort Lauderdale Bankruptcy Attorney Center FLN
The Law Office of John Bristol, 1776 N. Pine Island Road, #224, Plantation, Florida 33322 is a debt relief agency.  We help people file for bankruptcy relief under the Bankruptcy Code.  Disclosure: The hiring of a lawyer is an important decision that should not be based solely on advertising.  Before you decide please ask us for information concerning out qualifications and experience

Serving Locations

Coral Springs, Dania, Davie, Deerfield Beach, Fort Lauderdale, Hallandale, Hollywood, Lauderhill, Margate
Miramar, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Tamarac