About This Site
Section 1328 is the statute that governs who receives a discharge in Chapter 13 bankruptcy and what debts are included. It is one of the most consequential provisions in consumer bankruptcy law, yet it is frequently misunderstood -- even by practitioners. The section contains distinct subsections covering the full-completion discharge (1328(a)), the hardship discharge (1328(b)), and the timing bars (1328(f)).
This site will provide a section-by-section analysis of the entire statute, including the expanded list of nondischargeable debts that apply specifically to Chapter 13 (different from Chapter 7), the superdischarge provisions that allow Chapter 13 to discharge certain debts that survive Chapter 7, and the hardship discharge requirements.
We will also cover the 2005 BAPCPA amendments that significantly changed Section 1328, the circuit splits on key interpretation issues, and practical guidance for both debtors and attorneys on maximizing the value of a Chapter 13 discharge.
Part of the Bankruptcy Transparency Network -- a growing collection of free, open-source bankruptcy information sites built on public court data. No advertising, no lead generation, no attorney referral fees. Real information, no strings.
Check Your Bankruptcy Discharge Eligibility
Use the free screener at 1328f.com to check whether federal timing bars affect your ability to receive a bankruptcy discharge.
Explore Section 1328
Dive deeper into specific aspects: