TITLE 11 > CHAPTER 12 > SUBCHAPTER II > § 1228	Prev | Next
§ 1228. Discharge
Release date: 2005-07-12
(a) As soon as practicable after completion by the debtor of all payments under the plan, 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) 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.
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