Chapter 13 can eliminate certain debts that survive a Chapter 7 case. This broader relief is known as the "super discharge."
The term "super discharge" is not found in the Bankruptcy Code. It is a shorthand used by attorneys and courts to describe the fact that Section 1328(a) -- the Chapter 13 discharge provision -- has fewer exceptions than Section 523(a), which lists debts that survive a Chapter 7 discharge.
In plain terms: Chapter 13 wipes out more types of debt than Chapter 7 does. A debtor who completes a Chapter 13 repayment plan can eliminate obligations that would follow them indefinitely after a Chapter 7 case.
The following debt types are nondischargeable in Chapter 7 under Section 523(a) but can be discharged in Chapter 13 under Section 1328(a):
| Debt Type | Ch. 7 | Ch. 13 | Reference |
|---|---|---|---|
| Willful and malicious injury to property | Survives | Dischargeable | 523(a)(6) |
| Non-support marital obligations (property settlements) | Survives | Dischargeable | 523(a)(15) |
| Government fines and penalties (non-criminal) | Survives | Dischargeable | 523(a)(7) |
| Post-petition HOA / condo fees | Survives | Dischargeable | 523(a)(16) |
Willful and malicious injury to persons (as opposed to property) is nondischargeable in both Chapter 7 and Chapter 13. The super discharge applies to property damage claims -- for example, intentional damage to a landlord's property or a business competitor's equipment.
Certain debts cannot be discharged under any chapter. These include:
Here is where the super discharge intersects with the repeat-filing problem.
Some debtors file Chapter 13 specifically because they need the super discharge -- they have debts that Chapter 7 cannot eliminate. For these debtors, Chapter 13 is not just a repayment plan; it is the only path to full debt relief.
Section 1328(f) bars Chapter 13 discharge if the debtor received a prior discharge within specific time windows: 4 years after a Chapter 7 discharge, or 2 years after a Chapter 13 discharge. When an attorney files a Chapter 13 case inside this window, the debtor loses the super discharge entirely. They complete 3 to 5 years of plan payments and still owe every debt that motivated the filing.
This is particularly harmful when the debtor's primary motivation was accessing debts that only Chapter 13 can discharge. The debtor may have specifically chosen Chapter 13 over Chapter 7 because of the super discharge -- and the attorney's failure to check the timing bars eliminates the very benefit the client was seeking.
Our screening of 56,000+ Chapter 13 cases found 391,951 prior filers who received discharge with zero eligibility verification. In a 7-district sample, 264 were confirmed 1328(f) violations — 114 received a discharge despite the bar.
Before the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), the Chapter 13 super discharge was even broader. BAPCPA added several new exceptions to Section 1328(a) and simultaneously added Section 1328(f), creating the timing bars for repeat filers.
The combination means that post-BAPCPA, debtors face both a narrower super discharge and new barriers to accessing it at all. An attorney who files without checking the 1328(f) timing is eliminating the client's access to one of the primary benefits that distinguishes Chapter 13 from Chapter 7.
Learn how the Chapter 13 discharge bar works in detail.
Read the 1328(f) Explainer