Chapter 13 Discharge Eligibility in Florida
The Short Answer
A Chapter 13 discharge ordinarily follows completion of the required plan payments and satisfaction of the other discharge requirements. Filing a case or getting a plan confirmed is not the same as receiving a discharge.
A confirmed plan is not the finish line
A plan organizes how your debts will be treated. Discharge eligibility is a separate review at the end. Keep your attorney informed about changes in income, payment problems, or new obligations so available options can be assessed before a problem grows.
What must be completed?
Section 1328 ordinarily requires completion of all payments under the plan, the required financial-management course unless excepted, and any applicable domestic-support certification. Your attorney reviews the required filings and outstanding issues before seeking discharge.
Can a prior discharge prevent another one?
A discharge in a case filed under Chapter 7, 11, or 12 within the preceding four years, or Chapter 13 within two years, may bar a Chapter 13 discharge. The statutory timing is tied to the prior case filing and the new order for relief, not simply the discharge date. A case without discharge eligibility may sometimes serve another purpose; it requires individual advice.
What if you cannot finish the plan?
A hardship discharge is limited, requires court approval, and has stricter debt exceptions. The court considers why payments could not be completed, what unsecured creditors received compared with Chapter 7, and whether modification is practicable. A payment problem does not automatically qualify you.
Will every remaining balance disappear?
No. Some debts and long-term obligations survive, and liens require separate analysis. Do not assume that a mortgage, support obligation, or every tax balance disappears when plan payments end. Ask your attorney which obligations remain in your actual case.
Related Chapter 13 guidance
Primary source: 11 U.S.C. § 1328 — Chapter 13 discharge. The explanation above is general information, not a quotation or a determination of your eligibility.
Understand what bankruptcy could accomplish for you.
Bring your prior case information, current debts, and questions to Stewart Law. We can assess filing options and discharge issues together instead of relying on a checklist alone.
Request a consultationGeneral legal information, not advice for your specific situation. Laws and procedures can change. Contacting the firm does not itself establish an attorney-client relationship.
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