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Full & Partial Personal Bankruptcy Discharges

Under 11 U.S.C. 1328, upon completion of a personal bankruptcy plan under Chapter 13, and compliance with all applicable regulations, the court must discharge all remaining debts, unless specifically excepted by statutes. the statutory exceptions to discharge primary relate to debts for crimes, taxes, and child support obligations.

A discharge releases debtors from all remaining unsecured debts. The remaining balance of any secured debt must be paid under new rule changes.

A discharge cannot be revoked except in a few narrowly defined events. If a discharge was obtained by fraud, duress, or intentional deception, and the creditor did not know of these misrepresentations and in fact relied on misrepresentations, then the court may revoke discharge at any time during the one year following the final order of release.

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