Local Rule 3022-1: Chapter 11 Discharge and Entry of Final Decree.

Rule 3022-1. Chapter 11 Discharge and Entry of Final Decree.

(a) Entry of final decree in a case for a debtor that is not an individual and whose plan was confirmed under 11 U.S.C. § 1129 or for any debtor whose plan was confirmed under 11 U.S.C. § 1191(a). Unless the confirmed plan provides otherwise, not later than 30 days after substantial consummation of a plan confirmed under 11 U.S.C. § 1129 for a debtor that is not an individual or confirmed under 11 U.S.C. § 1191(a) for any debtor, the debtor or the trustee, if one has been appointed under 11 U.S.C. § 1104 or directed to perform the debtor in possession's duties under 11 U.S.C. § 1183(b)(5), shall file a motion for entry of a final decree. The motion shall be served on parties in interest not electronically served. A notice of the motion is not required.

(b) Request for a discharge upon completion of plan payments by an individual debtor whose plan was confirmed under 11 U.S.C. § 1129(a) or (b) or upon completion of payments required during the plan term circumscribed by 11 U.S.C. § 1191(c)(2)(A) or (B) by any debtor whose plan was confirmed under 11 U.S.C. § 1191(b).

(1) Individual debtor's certification and request. Not later than 45 days after the completion of all plan payments for a plan confirmed under 11 U.S.C. § 1129(a) or (b) or the completion of all payments required during the plan term circumscribed by 11 U.S.C. § 1191(c)(2)(A) or (B) for a plan confirmed under 11 U.S.C. § 1191(b), an individual debtor shall file a Certification and Request for Discharge that strictly conforms to Appendix 3F. Joint debtors shall prepare and file separate Certifications and Requests for Discharge.

(2) Nonindividual (business) debtor's certification and request. Not later than 45 days after the completion of all payments during the plan term circumscribed by 11 U.S.C. § 1191(c)(2)(A) or (B) for a plan confirmed under 11 U.S.C. § 1191(b), a nonindividual (business) debtor shall file a Certification and Request for Discharge that strictly conforms to Appendix 3G.

(3) Clerk's Notice of Certification and Request for Discharge. Upon a debtor's timely compliance with subparagraph (1) or (2) above, the Clerk shall serve a Notice of Certification and Request for Discharge on all creditors and other parties in interest not electronically served. The Clerk's notice shall state any party wishing to object to the debtor's discharge shall file an objection or other response to the debtor's Certification and Request for Discharge before a stated date not less than 24 days after the date the Clerk's notice was generated.

(c) Request for a discharge before completion of plan payments (a "hardship" discharge) under 11 U.S.C. § 1141(d)(5)(B) by an individual debtor whose plan was confirmed under 11 U.S.C. § 1129(a) or (b). An individual debtor whose plan was confirmed under 11 U.S.C. § 1129(a) or (b) seeking a discharge of debts before completion of all plan payments shall:

(1) file and serve on all creditors and other parties in interest not electronically served a motion for hardship discharge that:

(A) describes the circumstances that render the debtor unable to complete payments under the plan;

(B) explains why modification of the confirmed plan is not practicable; and

(C) includes, as an attachment, a liquidation analysis showing the value, as of the effective date of the plan, of property actually distributed under the plan on account of each allowed unsecured claim is not less than the amount that would have been paid on such claim if the bankruptcy estate had been liquidated under chapter 7 on such date;

(2) file and serve on all creditors and other parties in interest not electronically served a notice of the motion for hardship discharge that conforms to Bankr. D.S.D. R. 2002-1(a) and Appendix 2A and sets forth a last date (month, day, year) for filing an objection or other response that is 14 days after service of the motion and the notice of motion; and

(3) file a Certification and Request for Discharge that conforms to Appendix 3F but is modified to state all plan payments have not been completed. Joint debtors shall prepare and file separate Certifications and Requests for Discharge.

(d) Entry of a discharge for an individual debtor whose plan was confirmed under 11 U.S.C. § 1129(a) or (b) or for any debtor whose plan was confirmed under 11 U.S.C. § 1191(b). The Court may enter an order of discharge for an individual debtor whose plan was confirmed under 11 U.S.C. § 1129(a) or (b) or for any debtor whose plan was confirmed under 11 U.S.C. § 1191(b) if the debtor has complied with either paragraph (b) or (c) above and:

(1) no party in interest timely files an objection or other response to the debtor's Certification and Request for Discharge;

(2) any timely filed objection or other response to the debtor's Certification and Request for Discharge has been withdrawn or overruled;

(3) the debtor has timely cured any arrearage in plan payments, as ordered by the Court, following a hearing on an objection to the debtor's Certification and Request for Discharge; or

(4) an order granting a hardship discharge has been entered.

(e) Entry of a final decree in a case for an individual debtor whose plan was confirmed under 11 U.S.C. § 1129(a) or (b) or for any debtor whose plan was confirmed under 11 U.S.C. § 1191(b). Upon a motion filed by the debtor or the trustee, if one has been appointed under 11 U.S.C. § 1104 or directed to perform the debtor in possession's duties under 11 U.S.C. § 1183(b)(5), and served on parties in interest not electronically served, the Court may enter a final decree in a case for an individual debtor whose plan was confirmed under 11 U.S.C. § 1129(a) or (b) or for any debtor whose plan was confirmed under 11 U.S.C. § 1191(b) after the order of discharge is final, the United States Trustee has filed a statement of no objection to the motion, and, if a trustee was appointed in the case or directed to perform the debtor in possession's duties, the trustee has filed any required final report and final account.

Practice Pointers: When this document is filed, it is not viewable on the public docket because of the personal identifier information that may be included. The case trustee will be able to view it so the trustee can complete his or her case administration duties.

Each debtor in a joint case must file a separate Certification and Request for Discharge.

Regarding the notice of a motion for "hardship" discharge in subparagraph (c)(2), if any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period stated for such a motion shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).