11 U.S.C. § 1228 : US Code - Section 1228: Discharge

Search 11 U.S.C. § 1228 : US Code - Section 1228: Discharge

(a) Subject to subsection (d), as soon as practicable after
completion by the debtor of all payments under the plan, and in the
case of a debtor who is required by a judicial or administrative
order, or by statute, to pay a domestic support obligation, after
such debtor certifies that all amounts payable under such order or
such statute that are due on or before the date of the
certification (including amounts due before the petition was filed,
but only to the extent provided for by the plan) have been paid,
other than payments to holders of allowed claims provided for under
section 1222(b)(5) or 1222(b)(9) of this title, unless the court
approves a written waiver of discharge executed by the debtor after
the order for relief under this chapter, the court shall grant the
debtor a discharge of all debts provided for by the plan allowed
under section 503 of this title or disallowed under section 502 of
this title, except any debt -
(1) provided for under section 1222(b)(5) or 1222(b)(9) of this
title; or
(2) of the kind specified in section 523(a) of this title.
(b) Subject to subsection (d), at any time after the confirmation
of the plan and after notice and a hearing, the court may grant a
discharge to a debtor that has not completed payments under the
plan only if -
(1) the debtor's failure to complete such payments is due to
circumstances for which the debtor should not justly be held
accountable;
(2) the value, as of the effective date of the plan, of
property actually distributed under the plan on account of each
allowed unsecured claim is not less than the amount that would
have been paid on such claim if the estate of the debtor had been
liquidated under chapter 7 of this title on such date; and
(3) modification of the plan under section 1229 of this title
is not practicable.
(c) A discharge granted under subsection (b) of this section
discharges the debtor from all unsecured debts provided for by the
plan or disallowed under section 502 of this title, except any debt
-
(1) provided for under section 1222(b)(5) or 1222(b)(9) of this
title; or
(2) of a kind specified in section 523(a) of this title.
(d) On request of a party in interest before one year after a
discharge under this section is granted, and after notice and a
hearing, the court may revoke such discharge only if -
(1) such discharge was obtained by the debtor through fraud;
and
(2) the requesting party did not know of such fraud until after
such discharge was granted.
(e) After the debtor is granted a discharge, the court shall
terminate the services of any trustee serving in the case.
(f) The court may not grant a discharge under this chapter unless
the court after notice and a hearing held not more than 10 days
before the date of the entry of the order granting the discharge
finds that there is no reasonable cause to believe that -
(1) section 522(q)(1) may be applicable to the debtor; and
(2) there is pending any proceeding in which the debtor may be
found guilty of a felony of the kind described in section
522(q)(1)(A) or liable for a debt of the kind described in
section 522(q)(1)(B).
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