Is The Chapter 13 “Super Discharge” Still Super?

By Megan E. Craig, Southwestern Law School, J.D. Candidate 2015

What can make Chapter 13 a super choice for a debtor? The super discharge! Common causes of bankruptcy include debt from divorce, an accident, traffic tickets, payments on taxes, or a previously filed bankruptcy. 1 What a relief for debtors that many of these debts, while non-dischargeable in a Chapter 7, remain dischargeable in a Chapter 13.

Indeed, the super discharge still has some life left despite the passage of the 2005 Bankruptcy Abuse Prevention Consumer Protection Act that narrowed its scope . . .

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Bankruptcy Code Section 521(e)(2)(A)(i) and (ii) provides that a debtor must supply tax returns to the trustee in a chapter 7 or 13 case, and to a creditor who timely requests such copy. Must the debtor provide copies that contain personal identifying information such as names, addresses and social security numbers of dependents including minor children? Or a redacted version...

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Section in 109(g)(2) of the Bankruptcy Code bars a debtor from filing a new case for 180 days if the Debtor voluntarily dismisses a case “following” a motion for relief. Not surprisingly, courts are split on how they interpret the word “following” as used in § 109(g)(2). After all, the word “following” is not limited to one definition, or even...

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