Local Rule Rule 4004-1: Grant or Denial of Discharge.
Bankr. D. Or. — General rule
Rule 4004-1. Grant or Denial of Discharge.
(a) Chapter 12 or 13 Hardship Discharge. A debtor moving for a hardship discharge under § 1228(b) or § 1328(b) must file and serve the motion on LBF 1378.
(b) Chapter 11 Discharge under §§ 1141(d)(5) or 1192. To obtain a discharge, a debtor must file a motion for entry of discharge on LBF 1191.3 for discharge under § 1141(d)(5) or LBF 1191.5 for discharge under § 1192. If the case is closed, the debtor must contemporaneously file a motion to reopen the case and pay the required reopening fee.
(c) Determination of § 522(q)(1) Applicability. A motion to determine that a discharge should not be granted under § 727(a)(12), § 1228(f), or § 1328(h) must be filed either: (1) no later than 60 days after the first date set for the meeting of creditors in a chapter 7 case, or (2) as required by order or notice in a chapter 11, 12, or 13 case.
(d) Effect of Failure to Timely File a Certification or Obtain an Order Determining that § 522(q)(1) Applies. A debtor's case may be closed without entry of a discharge if either: (1) the debtor is required, but fails, to timely file a certification required under LBR 1007-1(f) or (2) the court enters an order determining a debtor's discharge not be entered in the ordinary course because § 522(q)(1) is applicable. If the debtor either subsequently satisfies all requirements regarding the certifications, or has a change of circumstances regarding § 522(q)(1) applicability, the debtor may request entry of discharge by contemporaneously filing either each required certification or a motion for entry of discharge (whichever is applicable), filing a motion to reopen the case, and paying the required reopening fee.
Cross-references: • Chapter 13—Deadline for Certification of Completion of Financial Management Course – LBR 1007-1(e). • Chapter 12 or 13—Deadline for Certification of Payment of Domestic Support Obligations and Statement re § 522(q)(1) Applicability – LBR 1007-1(f). • Reaffirmation Agreements – LBR 4008-1.