Local Rule 5009-1: Closing Procedures in Chapter 13 Cases

LOCAL RULE 5009-1 Closing Procedures in Chapter 13 Cases

(a) Notice to Debtor of Completed Plan. When the chapter 13 trustee determines that the debtor has completed all payments required by the plan, the trustee shall file with the Court and serve on the debtor and the debtor's attorney Form EDC 5-200, Notice to Debtor of Completed Plan Payments and of Obligation to File Documents.

(b) Debtor Certifications to Obtain Discharge. No later than thirty (30) days after the date of a Notice to Debtor of Completed Plan Payments and Obligation to File Documents, the debtor shall file with the Court and serve on the trustee Form EDC 3-190, Debtor's 11 U.S.C. § 1328 Certificate, and, if applicable, Form EDC 3-191 and Statement of Chapter 13 Debtor Regarding 11 U.S.C. § 522(q) Exemptions.

(c) Notice of Impending Chapter 13 Discharge. When the debtor has certified that (1) the debtor has completed an instructional course concerning personal financial management, (2) the debtor has not received a prior bankruptcy discharge within the time periods specified in 11 U.S.C. § 1328(f), (3) the debtor has paid all domestic support obligations, and (4) the debtor does not owe debts of the type described in 11 U.S.C. 522(q) while claiming exemptions in real property, personal property, or a cooperative used as a residence or claimed as a homestead, or in a burial plot that exceed the amount stated in 11 U.S.C. § 522(q)(1), or that exemptions that exceed the amount stated in 11 U.S.C. § 522(q)(1) are reasonably necessary for the support of the debtor or the debtor's dependents, the Clerk shall serve Form EDC 5-300, Notice of Intent to Enter Chapter 13 Discharge, on the trustee, the U.S. Trustee, the debtor, the debtor's attorney, all creditors, and persons requesting notice. The Clerk shall serve the Notice upon court approval of the trustee's final report and account.

(d) Objecting to Debtor's Eligibility for Discharge. If a party in interest wishes to object to any or all of the four (4) certifications referenced in the Notice of Intent to Enter Chapter 13 Discharge, the party in interest must file and serve an Objection within fourteen (14) days of the date of that Notice. If an Objection is not filed, served, and set for hearing as directed in the Notice of Intent to Enter Chapter 13 Discharge, the Court may enter the debtor's discharge without further notice or hearing.

(e) Order Closing Case Without Discharge. Form EDC 6-100, Order Closing Chapter 13 Case Without Discharge, will be entered:

1) When the debtor fails to certify that (1) the debtor has completed an instructional course concerning personal financial management, (2) the debtor has not received a prior bankruptcy discharge within the time periods specified in 11 U.S.C. § 1328(f), (3) the debtor has paid all domestic support obligations, or (4) the debtor does not owe debts of the type described in 11 U.S.C. § 522(q) while claiming exemptions in real property, personal property, or a cooperative used as a residence or claimed as a homestead, or in a burial plot that exceed the amount stated in 11 U.S.C. § 522(q)(1), or that such exemptions that exceed the amount stated in 11 U.S.C. § 522(q)(1) are reasonably necessary for the support of the debtor or the debtor's dependents; or 2) When a party in interest successfully objects to one or more of the certifications referenced in the "Notice of Intent to Enter Chapter 13 Discharge."