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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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