In a Chapter 11 case filed by an individual (i.e., a natural person), a discharge is granted by the court separately, after the completion of payments under the plan. A discharge is a court order relieving the debtor from liability for certain debts.

What does discharge mean in Chapter 13?

The 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.

Can you voluntarily dismiss a Chapter 11?

The right for the debtor to dismiss his own case is not absolute under Chapter 7 and 11, or under a chapter converted from 7 or 11, unless the debtor can show cause. Creditors who file an involuntary Chapter 11 petition against the debtor can also seek to dismiss their case. …

When does a discharge occur in a chapter 13 bankruptcy?

Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing. The court may deny an individual debtor’s discharge in a chapter 7 or 13 case if the debtor fails to complete “an instructional course concerning financial management.”

Can a debtor object to a discharge in Chapter 7?

In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor’s discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee.

Can a discharge be denied in a Chapter 7 bankruptcy?

The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed.

Can a debtor be discharged under the Bankruptcy Code?

Not all debts are discharged. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523 (a) of the Code specifically excepts various categories of debts from the discharge granted to individual debtors. Therefore, the debtor must still repay those debts after bankruptcy.