Local Rule 4004-1: Extension of Time to File a Denial of Discharge Complaint, a Denial of Discharge Motion, or a Reaffirmation Agreement or to Defer Entry of Discharge.

Rule 4004-1. Extension of Time to File a Denial of Discharge Complaint, a Denial of Discharge Motion, or a Reaffirmation Agreement or to Defer Entry of Discharge.

(a) Motion for extension of time to file a denial of discharge complaint or a denial of discharge motion. A motion for extension of time to file a complaint seeking the denial of a debtor's discharge under 11 U.S.C. § 727(a) and Fed.R.Bankr.P. 4004 or a motion seeking the denial of a debtor's discharge under 11 U.S.C. § 727(a)(8) or (a)(9) and Fed.R.Bankr.P. 4004 shall be filed with the Court before the original deadline has expired, unless Fed.R.Bankr.P. 4004(b)(2) applies, shall state the specific extension requested, and shall demonstrate cause for the extension requested. The motion and a notice of the motion shall be served on all creditors and other parties in interest not electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing an objection or other response that is seven days after service of the motion and the notice of motion.

(b) Motion for extension of time to file a reaffirmation agreement. A motion for extension of time to file a reaffirmation agreement under Fed.R.Bankr.P. 4008(a) shall be filed with the Court before the original deadline has expired, shall state the specific extension requested, and shall demonstrate cause for the extension requested. The motion shall be served on parties in interest not electronically served. No notice of the motion is required.

(c) Motion by debtor to defer entry of the order of discharge. A motion under Fed.R.Bankr.P. 4004(c)(2) to defer the entry of the order of discharge for 30 days, or to a date certain after any initial 30-day extension, shall demonstrate cause for the deferral requested. The motion shall be served on parties in interest not electronically served. No notice of the motion is required.

REFERENCES: 11 U.S.C. §§ 727 and 1141(d); Fed.Rs.Bankr.P. 4004(b) and (c) and 4008(a).

Practice Pointers: 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 above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).

Section 524(c) requires a reaffirmation agreement to be "made" (i.e., signed and dated by all parties) before the discharge order is entered. A motion for extension of time to file a reaffirmation agreement under paragraph (b) does not extend the time within which a reaffirmation agreement may be made. If a reaffirmation agreement has not been made, the debtor will need to file a motion to defer the entry of the order of discharge under paragraph (c) to extend the time within which that can be accomplished. If a debtor files a motion to defer entry of the order of discharge, the debtor does not need to also file a motion for extension of time to file a reaffirmation agreement.