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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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I received excellent representation from a board certified bankruptcy attorney in thorny Chapter 13 Bankruptcy case.
- C McDonald
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Like most folks, I was scared about the process of filing bankruptcy. Mr. Weber made what seemed to be an incredibly complex process simple to understand. His ability to walk me through every part of the filing, and his quick turn around in answering any questions I had, continued throughout the entire five years of my Chapter 13 plan. I HIGHLY RECOMMEND Mr. Weber if you ever get in the position of needing to file for bankruptcy.
- Matthew Berg
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Mr. Weber helped me file for Ch. 13 bankruptcy. He was very nice to me and helped me through the entire process. I recommend him strongly.
- Lucia Valdez
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