When Does The Discharge Happen?

The timing of the discharge changes, contingent upon on the chapter under which the case is filed. In a chapter 7 (liquidation) case, for instance, the court more often than not allows the discharge speedily on expiration of the time fixed for filing a complaint objecting to discharge, and the time fixed for filing a motion to dismiss the case for substantial abuse (60 days following the first date set for the 341 meeting). Normally, this takes place about 4 months after the date the debtor files the petition with the clerk of the bankruptcy court. In chapter 11 (reorganization) cases, the discharge takes place upon verification of a chapter 11 plan. In cases under chapter 12 (adjustment of debts of a family farmer) and 13 (adjustment of debts of an individual with regular income), the court grants the discharge as soon as practicable after the debtor finishes all payments under the plan. Since a chapter 12 or chapter 13 plan may provide for payments to be made over 3 to 5 years, the discharge usually takes place about four years after the date of filing.

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