Local Rule RULE 4004-1: Procedures for Entry of Discharge in Chapter 12 and 13 Cases.

RULE 4004-1. Procedures for Entry of Discharge in Chapter 12 and 13 Cases.

In cases where entry of debtor's discharge is dependent on the completion of plan payments, a discharge shall not be entered until the following requirements are met:

(a) Chapter 12. Upon completion of a Chapter 12 plan, debtor shall file a motion and attorney certification, and an affidavit in support in compliance with Mont. LBF 38 and 38-A.

(b) Chapter 13. Upon completion of a Chapter 13 plan, debtor shall file a motion and attorney certification, and an affidavit in support in compliance with Mont. LBF 39 and 39-A.

(c) Motion for Entry of Discharge. In the Chapter 12 and 13 Motion for Entry of Discharge and Affidavit, debtor shall certify that all payments under the plan have been completed and to the extent applicable:

(1) All domestic support obligations payable under any judicial or administrative order, or required by statute have been paid, including but not limited to the following:

(A) child support, spousal maintenance, and alimony that were due through the date of the motion, including all payments due under the confirmed plan for amounts due before the bankruptcy petition was filed; and

(B) any domestic support obligations that arose after the filing of the bankruptcy petition;

(2) Debtor has not claimed a homestead exemption of the caps described in 11 U.S.C. § 522.

(3) In a Chapter 13 case, debtor has completed a financial management course required pursuant to 11 U.S.C. §§ 111, 1328(g)(1) and filed a certification of completion with the Court.

(d) Attorney Certification - Chapter 12. If debtor was represented by an attorney during a Chapter 12 case, debtor's attorney shall certify that attorney has explained the requirements for a discharge to debtor and that to the best of attorney's knowledge, debtor qualifies for a discharge under 11 U.S.C. §§ 1228(a) and (f).

(e) Attorney Certification - Chapter 13. If debtor was represented by an attorney during a Chapter 13 case, debtor's attorney shall certify that attorney has explained the requirements for a discharge to debtor and that to the best of attorney's knowledge, debtor qualifies for a discharge under 11 U.S.C. §§ 1328(a), (d),(g)(1), and (h).

(f) Service of Motion. Debtor shall serve the Motion for Entry of Discharge upon the parties to whom debtor is or was obligated to make the domestic support payments described in subpart (d)(1) above, if any, as well as all of debtor's creditors. In a Chapter 13 case, the Motion for Entry of Discharge shall neither be filed nor served until after trustee files a Notice of Completion of Plan Payments. The Notice of Completion of Plan Payments shall be filed by trustee after the time to comply with Fed. R. Bankr. P. 3002.1(g) has expired.

(g) No Motion - No Discharge. If no Motion for Entry of Discharge is filed, the Court will not issue a discharge in debtor's case in Chapter 12 and 13 cases. If no Motion for Entry of Discharge is filed within a reasonable time after completion of the payments due under debtor's confirmed plan, the case may be closed without the entry of a discharge order. If debtor later files a Motion for Entry of Discharge, debtor will be required to pay the reopening fee unless debtor can demonstrate cause for the waiver of such fee.