Local Rule RULE 4004–1: Granting or Denying a Discharge

RULE 4004–1 Granting or Denying a Discharge

(a) Chapter 12 and 13.

(1) Certification of Compliance with § 1328. The debtor shall file the "Debtor's Certification of Compliance with 11 U.S.C. § 1328" (Local Form 106) within sixty (60) days of the date that the chapter 13 trustee files the notice of completion of chapter 13 plan payments. The failure to timely file this certification may result in the case being closed without the entry of a discharge order.

(2) Discharge Hearing. As soon as practicable after the filing of the Debtor's Certification of Compliance with 11 U.S.C. § 1328, the Court shall send a notice to all creditors and other parties in interest, giving them thirty (30) days to dispute the chapter 13 trustee's report of completion of chapter 13 plan payments or the debtor's Certification of Compliance and request a hearing on the same. If no request for a hearing is received during this 30-day period, the Court may grant a discharge without further notice or hearing.

(3) Chapter 12. A debtor under chapter 12 shall follow the same procedures as set forth in subparts (1) and (2), except that all references to 11 U.S.C. § 1328 shall instead refer to 11 U.S.C. § 1228 and references to the chapter 13 plan and trustee refer to the chapter 12 plan and chapter 12 trustee. The debtor may utilize Local Form 106 modified to refer to 11 U.S.C. § 1228.

(b) Chapter 11. In a chapter 11 case in which the debtor is an individual, the debtor shall file a motion for entry of discharge showing that the debtor is entitled to a discharge under 11 U.S.C. § 1141(d)(5). A motion under this Local Bankruptcy Rule filed with the Court shall include or be accompanied by a conspicuous notice of the motion, shall provide no less than fourteen (14) days' notice of the time for filing objections, and comply with Local Bankruptcy Rule 9013–1.