Local Rule 3015-5: CHAPTER 13- DISCHARGE
Bankr. D.S.C. — General rule
LOCAL RULE 3015-5: CHAPTER 13- DISCHARGE In addition to the requirements of SC LBR 9013-4, the provisions and forms set forth herein apply upon the completion of chapter 13 plan payments:.
a. Discharge Pursuant to 11 U.S.C. § 1328(a).
1. Within 45 days after the debtor completes all payments due to the trustee under a chapter 13 plan, the trustee shall:
i. File the Report of Completion of All Payments Due to the Trustee Under Chapter 13 Plan;
ii. File and serve on the debtor and debtor's attorney the Notice to Debtor of Completion of All Payments Due to the Trustee Under Chapter 13 Plan and Requirement to File Certification of Plan Completion; and iii. If applicable, file and serve on the creditor, debtor, and debtor's attorney the Trustee's Notice of Disbursements Made pursuant to Fed. R. Bankr. P. 3002.1(g)(1).
2. Within twenty-eight (28) days after the trustee serves the Notice to Debtor of Completion of All Payments Due to the Trustee Under Chapter 13 Plan and Requirement to File Certification of Plan Completion, the debtor shall:
i. File and serve on all creditors a Notice of Certification of Plan Completion; and ii. File a Certificate of Completion of Financial Management Course, if not previously filed.
3. After resolution of any issues raised by subsections (a)(1) and (a)(2) above and any issues raised in a motion filed under Fed. R. Bankr. P. 3002.1(g)(4), the Court will issue a discharge or close the case without a discharge, as warranted.
b. Discharge Pursuant to 11 U.S.C. § 1328(b). The debtor may request a hardship discharge pursuant to 11 U.S.C. § 1328(b) as follows:
1. File and serve on all creditors a motion and Notice of Hearing and Certification of Eligibility; and 2. File a certificate of completion of a Financial Management Course or motion for waiver or exemption of this requirement, if applicable.
Notes:
(2021) Paragraphs (a)(3) and (b)(3) were removed. The duty to file a certificate of service is covered by SC LBR 9013-3.
(2025) The rule was revised to clarify the requirements for requesting a discharge under 11 U.S.C. § 1328(a) and a hardship discharge under 11 U.S.C. § 1328(b).