Local Rule LBR 4004-3: Discharge of Individual Debtor

LBR 4004-3. Discharge of Individual Debtor

(a) Chapter 7.

(1) Eligibility for Discharge. In a case commenced on or after October 17, 2005, the court may grant a discharge to an individual chapter 7 debtor who is otherwise eligible to receive a discharge, unless a statement is filed alleging that § 727(a)(12) applies to the debtor. Such a statement must be filed no later than the deadline to file a complaint objecting to the debtor's discharge stated in Bankruptcy Rule 4004(a) or other time set by the court.

(2) Notice to Creditors. The clerk will include notice of this rule in the notice given under Bankruptcy Rule 2002(a)(1) to the parties identified in the debtor's creditor matrix.

(b) Chapter 11.

(1) Discharge After Completion of All 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). 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 LBR 9013-1(c).

(c) 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 Form 2830 (Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations and Section 522(q)). 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 30 days after the date of filing of the trustee's final report and 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 LBR 9013-1(c). 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.