What is a Chapter 13 repayment plan?

A Chapter 13 repayment plan is a court-approved schedule for paying back some or all of your debts over 3 to 5 years. You make a single monthly payment to a bankruptcy trustee, who distributes the money to your creditors according to the plan. Secured debts like car loans and mortgage arrears are typically paid in full, while unsecured debts like credit cards may receive only a percentage. At the end of the plan, remaining qualifying debts are discharged.

What is the super discharge in Chapter 13?

The super discharge refers to the fact that Chapter 13 can eliminate certain debts that survive a Chapter 7 case. Under 11 U.S.C. Section 1328(a), Chapter 13 discharge has fewer exceptions than Chapter 7 discharge under Section 523(a). Debts for willful injury to property, certain divorce property settlements, government fines, and post-petition HOA fees can all be discharged in Chapter 13 but not in Chapter 7. The term is informal -- it does not appear in the statute.

What is the 1328(f) discharge bar in Chapter 13?

Section 1328(f) bars a Chapter 13 discharge if the debtor received a prior discharge within certain time windows. If the prior discharge was in a Chapter 7, 11, or 12 case, the bar is 4 years from filing date to filing date. If the prior discharge was in another Chapter 13 case, the bar is 2 years. Filing inside these windows means the debtor goes through 3 to 5 years of plan payments and receives no discharge at the end. The bar prevents discharge, not filing -- the debtor can still file and receive the automatic stay.

Chapter 13 Bankruptcy Explained: Repayment Plan and Discharge

Chapter 13 lets you keep your property and pay back debts over 3 to 5 years. It offers broader discharge relief than Chapter 7 -- but timing rules can take that discharge away.

What Chapter 13 is

Chapter 13 is a reorganization bankruptcy governed by 11 U.S.C. Chapter 13. Instead of liquidating assets, you propose a repayment plan that lasts 3 to 5 years. You make a single monthly payment to a bankruptcy trustee, who distributes the money to your creditors. At the end of the plan, qualifying remaining debts are discharged.

Chapter 13 is sometimes called a "wage earner's plan" because it requires regular income. It is designed for individuals who earn enough to make monthly payments but need relief from overwhelming debt.

Who qualifies

Chapter 13 is available to individuals (not corporations or partnerships) with regular income who meet the debt limits under 11 U.S.C. Section 109(e).

Debt limits (adjusted periodically)

As of the Bankruptcy Threshold Adjustment and Technical Corrections Act of 2022, the combined debt limit for Chapter 13 is $2,750,000 for both secured and unsecured debts. Previously, there were separate limits for secured and unsecured debts. Check the current thresholds before filing, as Congress adjusts these periodically.

There is no means test for Chapter 13. However, your income level determines your plan length:

Below median income: plan can be as short as 3 years
Above median income: plan must be 5 years

How the repayment plan works

Your Chapter 13 plan must address different types of debt in specific ways:

Debt Type	Treatment
Priority debts (taxes, support)	Must be paid in full
Secured debts (mortgage, car loan)	Ongoing payments maintained; arrears caught up over plan length
Unsecured debts (credit cards, medical)	Paid a percentage based on disposable income; remainder discharged

The trustee collects your monthly payment and distributes it according to the confirmed plan. Creditors cannot contact you or collect outside the plan while it is active -- this is the automatic stay.

Key advantages of Chapter 13

Keep your property. No liquidation. You can catch up on mortgage arrears and car payments through the plan.
Stop foreclosure. The automatic stay halts foreclosure, and the plan lets you cure the arrearage over time.
Cramdown on vehicles. If you purchased a vehicle more than 910 days before filing, you can reduce the secured claim to the vehicle's current value under Section 506(a).
Protect co-signers. The co-debtor stay under Section 1301 can protect people who co-signed your consumer debts.
Super discharge. Chapter 13 eliminates certain debts that Chapter 7 cannot.

The super discharge

One of the most important features of Chapter 13 is its broader discharge scope. Under Section 1328(a), Chapter 13 can discharge debts that would survive a Chapter 7 case, including:

Willful and malicious injury to property (not persons)
Certain non-support divorce obligations (property settlements)
Government fines and penalties (non-criminal)
Post-petition HOA and condo fees

Why this matters

For debtors who carry these specific types of debt, Chapter 13 is not just an alternative to Chapter 7 -- it is the only path to full debt relief. A debtor who chooses Chapter 13 specifically for the super discharge and then loses it has spent 3 to 5 years making payments for nothing. See What Is a Super Discharge? for the full breakdown.

The 1328(f) discharge bar

Section 1328(f) bars Chapter 13 discharge if you received a prior discharge within specific time windows:

Prior Discharge In	Wait Before Ch. 13 Discharge
Chapter 7, 11, or 12	4 years (filing date to filing date)
Chapter 13	2 years (filing date to filing date)

The 1328(f) trap

Filing inside these windows does not prevent you from filing a Chapter 13 case. You can still file, receive the automatic stay, and go through the entire plan process. But at the end -- after 3 to 5 years of payments -- the court will deny your discharge. Your attorney has a duty to check your filing history before filing. Question 9 on the bankruptcy petition exists specifically for this purpose.

Check whether a discharge bar applies to your filing dates.

Eligibility Checker

Chapter 13 timeline

Step	Timing
Credit counseling (required)	Within 180 days before filing
File petition, schedules, plan	Day 0
Automatic stay takes effect	Immediately upon filing
Begin plan payments to trustee	Within 30 days of filing
341 meeting of creditors	21-50 days after filing
Confirmation hearing	20-45 days after 341 meeting
Plan payments (3-5 years)	Monthly during plan
Debtor education course (required)	Before discharge
Discharge entered	After all plan payments completed

Chapter 7 vs. Chapter 13

	Chapter 7	Chapter 13
Duration	~4 months	3-5 years
Property	Non-exempt assets sold	Keep everything
Means test	Required	Not required
Regular income	Not required	Required
Mortgage arrears	Cannot catch up	Can cure through plan
Discharge scope	Narrower	Broader (super discharge)
Repeat filing bar	8 years (727(a)(8))	4 years / 2 years (1328(f))

Related resources

Section 1328(f) Explainer -- The discharge bar in detail
What Is a Super Discharge? -- Debts Chapter 13 eliminates that Chapter 7 cannot
Chapter 7 Explained -- Liquidation and fresh start
Compare All Discharge Bars -- 1328(f), 727(a)(8), 727(a)(9), 109(g)
Glossary -- Bankruptcy terms in plain English
Eligibility Checker -- Check your dates against statutory windows

Legal references

11 U.S.C. Chapter 13 -- Adjustment of debts of an individual with regular income
11 U.S.C. Section 1328 -- Discharge (Chapter 13)
11 U.S.C. Section 109(e) -- Who may be a debtor (debt limits)
11 U.S.C. Section 1325 -- Confirmation of plan
11 U.S.C. Section 506 -- Determination of secured status
Chapter 13 Bankruptcy Basics -- U.S. Courts

Related chapters

Chapter 7 Chapter 13 Chapter 11 Chapter 12

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