WHEN DOES THE DISCHARGE OCCUR?
The timing of the discharge varies, depending on the chapter under
which the case is filed. In a chapter 7 (liquidation) case, for example,
the court usually grants the discharge promptly 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). Typically, this occurs
about four months after the date the debtor files the petition with the
clerk of the bankruptcy court. In chapter 11 (reorganization) cases, the
discharge occurs upon confirmation 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 completes all payments
under the plan. Since a chapter 12 or chapter 13 plan may provide for
payments to be made over three to five years, the discharge typically
occurs about four years after the date of filing.
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