Local Rule 4004-3: DISCHARGE OF INDIVIDUAL DEBTOR
Bankr. D. Guam — General rule
BANKRUPTCY LOCAL RULE 4004-3 DISCHARGE OF INDIVIDUAL DEBTOR
(a) Chapter 11.
(1) Discharge After Completion of Plan Payments. Upon completion of all payments due under a confirmed plan, a debtor in a chapter 11 case who is an individual must file and serve on all creditors a certification and notice of completion of plan payments substantially conforming to the local form (Chapter 11 Individual Debtor's Certification of Eligibility for Discharge; Notice of Deadline to Object [GUB 4004-3b]). The certification must include a statement that § 1141(d)(5)(C) does not apply to the debtor. Any objection to the certification and the granting of a discharge must be filed within 30 days after the date of filing of the certification and notice.
(2) When Motion Required. A debtor in a chapter 11 case who is an individual may request the granting of a discharge without completion of all payments under the plan, as provided under § 1141(d)(5)(A) and (B), by filing and serving on all creditors a motion, in accordance with BKLR 9013-1(e).
(b) Chapter 12 and Chapter 13.
(1) Discharge After Completion of Plan Payments. Upon completion of all payments due under a confirmed plan, a chapter 12 or chapter 13 debtor in a case commenced on or after October 17, 2005, must file with the court a certification of eligibility for a discharge substantially conforming to Procedural Form B2830 (Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations and Section 522(q) [B2830)]. If the certification indicates that the debtor is eligible for a discharge with respect to § 1228(a) and (f) or § 1328(a) and (h), the clerk will serve on all creditors a notice that any objection to the certification and the granting of a discharge must be filed within 30 days after the date of the notice. If a debtor fails to file the certification under this rule by account, the clerk may close the case without the granting of a discharge.
(2) When Motion Required. A debtor in a chapter 12 or chapter 13 case may request the granting of a discharge without completion of all payments under the plan, as provided under § 1228(b) or § 1328(b), by filing and serving on all creditors a motion in accordance with BKLR 9013-1(e). Unless the court orders otherwise, the granting of a discharge under this provision remains subject to the requirements to file a certification of eligibility under paragraph (1) and, in a chapter 13 case, to have completed an instructional course concerning personal financial management.
BKLR 4004-3 Related Local Forms: • Chapter 11 Individual Debtor's Certification of Eligibility for Discharge; Notice of Deadline to Object [GUB 4004-3b] • Chapter 13 Debtor's Certification Regarding Domestic Support Obligations and Section 522(q) [B2830]