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U.S. Code as of:
01/19/04
Section 1228. Discharge
(a) As soon as practicable after completion by the debtor of all
payments under the plan, 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 the kind specified in section 523(a) of this title.
(b) 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.
(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.
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