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Chapter 13 – Super Discharge

The rules concerning the discharge of debts in bankruptcy are more liberal in Chapter 13 cases. A Chapter 13 debt discharge is commonly known as a “super discharge” because the scope of the discharge is broader than the discharge given in Chapter 7 cases. In Chapter 13 cases, all debts are dischargeable, potentially without any payment, except for the following. If a debtor successfully completes his Chapter 13 plan, the following types of debts will not be discharged (released).

► non-dischargeable tax claims (see Discharging Tax Claims in Bankruptcy);

► fraud claims – adversary proceeding required (see Fraud Claims);

► child support and alimony obligations (both arrearages and ongoing obligations (see Alimony & Child Support);

► student loans (see Student Loans);

► restitution or a criminal fine included in a sentence on the debtor’s conviction for a crime (see Criminal Fines & Restitution);

► unlisted debts (see Unlisted Creditors);

► theft, conversion or breach of fiduciary duty (see Embezzlement, Theft or Breach of Fiduciary Duty);

► willful and malicious injury causing personal injuries or death to another person (see Willful and Malicious Injury to Persons or Property); and

► drunk drivers causing death or injury (see Drunk Drivers Causing Death or Injury)

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