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Title 11 — BankruptcyRelease 119-73

§1228 Discharge

Title 11 › Chapter CHAPTER 12— - ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › Subchapter SUBCHAPTER II— - THE PLAN › § 1228

Last updated Apr 6, 2026|Official source

Summary

The court must give the debtor a discharge after the debtor finishes all payments required by the confirmed plan. If the debtor is required by a court order, agency order, or law to pay domestic support (like child support), the debtor must also certify that all amounts due on or before that certification date have been paid, including some amounts due before the bankruptcy was filed if the plan allows that. The court will not grant a discharge for debts covered by the parts of the plan identified in sections 1222(b)(5) or 1222(b)(9), or for debts that federal law says are not dischargeable (see section 523(a)), except as section 1232(c) allows. A debtor can also sign a written waiver of discharge after the case begins, and the court can approve that. The court may give a discharge before all plan payments are done only if the missed payments happened for reasons the debtor should not be blamed for, unsecured creditors got at least the value they would have in a chapter 7 liquidation as of the plan’s effective date, and changing the plan is not practical. That early discharge has the same exceptions for certain debts. Within one year after a discharge, a party can ask the court to revoke it if the discharge was gotten by fraud and the requester did not know about the fraud until after the discharge. After a discharge, the trustee’s work in the case ends. The court must hold a hearing no more than 10 days before the discharge and must find there is no reasonable cause to think section 522(q)(1) may apply to the debtor and that no related criminal or liability proceeding is pending.

Full Legal Text

Title 11, §1228

Bankruptcy — Source: USLM XML via OLRC

(a)Subject to subsection (d), as soon as practicable after completion by the debtor of all payments under the plan, and in the case of a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, after such debtor certifies that all amounts payable under such order or such statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have been paid, other than payments to holders of allowed claims provided for under section 1222(b)(5) or 1222(b)(9) of this title, unless the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter, the court shall grant the debtor a discharge of all debts provided for by the plan, allowed under section 503 of this title, or disallowed under section 502 of this title, except any debt—
(1)provided for under section 1222(b)(5) or 1222(b)(9) of this title; or
(2)of a kind specified in section 523(a) of this title, except as provided in section 1232(c).
(b)Subject to subsection (d), at any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge to a debtor that has not completed payments under the plan only if—
(1)the debtor’s failure to complete such payments is due to circumstances for which the debtor should not justly be held accountable;
(2)the value, as of the effective date of the plan, of property actually distributed under the plan on account of each allowed unsecured claim is not less than the amount that would have been paid on such claim if the estate of the debtor had been liquidated under chapter 7 of this title on such date; and
(3)modification of the plan under section 1229 of this title is not practicable.
(c)A discharge granted under subsection (b) of this section discharges the debtor from all unsecured debts provided for by the plan or disallowed under section 502 of this title, except any debt—
(1)provided for under section 1222(b)(5) or 1222(b)(9) of this title; or
(2)of a kind specified in section 523(a) of this title, except as provided in section 1232(c).
(d)On request of a party in interest before one year after a discharge under this section is granted, and after notice and a hearing, the court may revoke such discharge only if—
(1)such discharge was obtained by the debtor through fraud; and
(2)the requesting party did not know of such fraud until after such discharge was granted.
(e)After the debtor is granted a discharge, the court shall terminate the services of any trustee serving in the case.
(f)The court may not grant a discharge under this chapter unless the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that there is no reasonable cause to believe that—
(1)section 522(q)(1) may be applicable to the debtor; and
(2)there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Amendments

2017—Subsec. (a). Pub. L. 115–72, § 1005(b)(1)(B)(i)(I), in introductory provisions, inserted a comma after “all debts provided for by the plan” and after “allowed under section 503 of this title”. Subsec. (a)(2). Pub. L. 115–72, § 1005(b)(1)(B)(i)(II), substituted “a kind specified in section 523(a) of this title, except as provided in section 1232(c).” for “the kind specified in section 523(a) of this title.” Subsec. (c)(2). Pub. L. 115–72, § 1005(b)(1)(B)(ii), inserted “, except as provided in section 1232(c)” before period at end. 2005—Subsec. (a). Pub. L. 109–8, § 330(c)(1), substituted “Subject to subsection (d), as” for “As” in introductory provisions. Pub. L. 109–8, § 213(6), inserted “, and in the case of a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, after such debtor certifies that all amounts payable under such order or such statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have been paid” after “completion by the debtor of all payments under the plan” in introductory provisions. Subsec. (b). Pub. L. 109–8, § 330(c)(2), substituted “Subject to subsection (d), at” for “At” in introductory provisions. Subsec. (f). Pub. L. 109–8, § 330(c)(3), added subsec. (f). 2000—Subsecs. (a), (c)(1). Pub. L. 106–518 substituted “1222(b)(9)” for “1222(b)(10)” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–72 applicable to bankruptcy cases pending on Oct. 26, 2017, in which the plan under this chapter has not been confirmed on Oct. 26, 2017, and relating to which an order of discharge under this section has not been entered, and to bankruptcy cases that commence on or after Oct. 26, 2017, see section 1005(c) of Pub. L. 115–72, set out as a note under section 1222 of this title.

Effective Date

of 2005 Amendment

Amendments

by section 213(6) and 330(c) of Pub. L. 109–8 effective 180 days after Apr. 20, 2005, with amendment by section 213(6) of Pub. L. 109–8 not applicable with respect to cases commenced under this title before such

Effective Date

, except as otherwise provided, and amendment by section 330(c) of Pub. L. 109–8 applicable with respect to cases commenced under this title on or after Apr. 20, 2005, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date

sPermanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For

Effective Date

s of section and

Amendments

extending periods for which section was reenacted prior to permanent reenactment, see

Effective Date

and

Effective Date

of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1228

Title 11 — Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73