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U.S. Code as of:
01/19/04
Section 1328. Discharge
(a) As soon as practicable after completion by the debtor of all
payments under the plan, 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 or disallowed under section 502
of this title, except any debt -
(1) provided for under section 1322(b)(5) of this title;
(2) of the kind specified in paragraph (5), (8), or (9) of
section 523(a) of this title; or
(3) for restitution, or a criminal fine, included in a sentence
on the debtor's conviction of a crime.
(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 1329 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 1322(b)(5) of this title; or
(2) of a kind specified in section 523(a) of this title.
(d) Notwithstanding any other provision of this section, a
discharge granted under this section does not discharge the debtor
from any debt based on an allowed claim filed under section
1305(a)(2) of this title if prior approval by the trustee of the
debtor's incurring such debt was practicable and was not obtained.
(e) 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.
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