Local Rule 4004-2: DISCHARGES

RULE 4004-2. DISCHARGES.

See also Local Rule 7041-1.

(a) Entry of Discharge in Individual Chapter 7, 11, and 13 Cases. Before entry of the discharge order, every individual chapter 7, 11, and 13 debtor must file a Certificate of Course Completion to evidence completion of the post-petition financial management course, unless the agency which administered the course has already filed the required certificate.

(1) Deadline for Filing a Certificate of Course Completion. In a chapter 7 case, each individual debtor must file a Certificate of Course Completion within 60 days after the first date set for the meeting of creditors. In chapter 11 or 13 cases, each individual debtor must file a Certificate of Course Completion either by the date the last payment is due under the debtor's confirmed plan or the date the debtor files a motion for entry of a discharge order, whichever is earlier. If an individual debtor fails to timely file a Certificate of Course Completion, the debtor's case may be closed without entry of a discharge order.

(2) Motion to Enlarge Filing Deadline. If, prior to the closing of a case, an individual debtor who has failed to timely file a Certificate of Course Completion seeks to file a Certificate of Course Completion, that debtor must first file a motion to enlarge the time. The motion must demonstrate cause to enlarge the time and be accompanied by the debtor's affidavit or certification, made under penalty of perjury, explaining the reason for the failure to timely file a Certificate of Course Completion.

(b) Certification of Compliance and Motion for Entry of Discharge Order in Chapter 13. In order to obtain a discharge under § 1328(a), a chapter 13 debtor must file a certification of compliance with 28 U.S.C. § 1746 and a motion requesting the entry of a discharge order.

(1) Contents of Motion. In the motion, the debtor must affirm they

(A) have made all payments required under the confirmed chapter 13 plan;

(B) have fully complied with the terms of the confirmed plan;

(C) have completed a post-petition instructional course concerning personal financial management as described in § 111 and filed a copy of a Certificate of Course Completion, (see paragraph (a) above), either prior to or with the certification and motion;

(D) either

(i) were not required by any judicial or administrative order or law to pay a domestic support obligation during the pendency of the chapter 13 case,

(ii) were required to pay a domestic support obligation during the chapter 13 case and have made all required payments on said obligation due through the date of the motion;

(E) have not received a discharge in a chapter 7, 11, or 12 bankruptcy case during the four-year period preceding the date that the debtor filed the present chapter 13 case, and have not received a discharge in any prior chapter 13 case during the two-year period before the debtor filed the present case; and

(F) either have not claimed a homestead exemption in excess of the cap described in § 522(q)(1) or have no reason to believe there is any pending investigation or proceeding in which the debtor may be found guilty of

(i) a felony involving the abuse of bankruptcy law,

(ii) a violation of federal or state securities law,

(iii) fraud, deceit or manipulation in a fiduciary capacity involving the purchase or sale of any securities,

(iv) a civil offense under 18 U.S.C. § 1964,

(v) or a criminal act, any intentional harm to another, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years.

(2) Service of the Debtor's Certification and Motion. The debtor must serve the certification and motion on any party to whom a debtor owes a domestic support obligation(s), the chapter 13 trustee, the United States Trustee, and any parties who have appeared in the case. See also Local Rule 9013-4(b)(13).

(3) Consequences of Failure to File the Certification and Motion. If the debtor fails to timely file the certification and motion, the debtor will not be eligible for a bankruptcy discharge in the case.

(4) Debtor Attorney's Certification. If an individual chapter 13 debtor was represented by an attorney in the case, the debtor's attorney must (A) certify that they have explained the requirements for a discharge to the debtor, (B) certify that to the best of their knowledge the debtor qualifies for a discharge under §§ 521, 1308, and 1328(a), (g)(1), and (h), and (C) file their certification with the debtor's certification and motion. See Local Form O-2.

(c) Certification of Compliance and Motion for Entry of Discharge Order in Individual Chapter 12 Cases. In order to obtain a discharge under § 1228(a), every individual chapter 12 debtor must file a certification of compliance with 28 U.S.C. § 1746 and a motion for entry of a discharge order.

(1) Contents of Motion. In the motion, the individual chapter 12 debtor must affirm they

(A) have made all payments required under the confirmed chapter 12 plan;

(B) have fully complied with the terms of the plan;

(C) either,

(i) were not required by any judicial or administrative order or law to pay a domestic support obligation during the pendency of the chapter 12 case, or

(ii) were required to pay a domestic support obligation during the chapter 12 case and made all required payments on the obligation due through the date of the motion, and

(D) either have not claimed a homestead exemption in excess of the cap described in § 522(q)(1), or if so, have no reason to believe there is any pending investigation or proceeding in which the debtor may be found guilty of

(i) a felony involving the abuse of bankruptcy law,

(ii) any violation of federal or state securities law,

(iii) fraud, deceit or manipulation in a fiduciary capacity involving the purchase or sale of any securities,

(iv) any civil offense under 18 U.S.C. § 1964, or

(v) a criminal act, intentional harm to another or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years.

(2) Service of the Debtor's Certification and Motion. The debtor must serve the certification and motion on any party to whom the debtor owes a domestic support obligation, the chapter 12 trustee, and any parties who have appeared in the case. See also Local Rule 9013-4(b)(12).

(3) Consequences of Failure to File the Certification and Motion. If the debtor fails to timely file the certification and motion, the debtor will not be eligible for a bankruptcy discharge in the case.

(4) Debtor's Attorney's Certification. If an individual chapter 12 debtor was represented by an attorney in the case, the debtor's attorney must (A) certify that they explained the requirements for a discharge to the debtor, (B) certify that to the best of their knowledge the debtor qualifies for a discharge under §§ 521 and 1228(a) and (f), and (C) file their certification with the debtor's certification and motion. See Local Form O-1.

(d) Motion for Entry of Hardship Discharge in Chapter 12 and 13 Cases. If a chapter 12 or chapter 13 debtor is unable to make the payments required by their confirmed plan and wishes to obtain a discharge, they may file a motion for a hardship discharge under § 1228(b) or § 1328(b) as applicable. See Local Rule 9013-4(b)(12) & (13).