Local Rule RULE 4004-1: DISCHARGE

RULE 4004-1. DISCHARGE A.Statement of Whether 11 U.S.C. § 522(q) is Applicable. Within twenty-one (21) days following the filing of a notice by an individual debtor in a Chapter 11 case or a trustee in a Chapter 12 or Chapter 13 case that the debtor has paid all payments due under the plan, or in conjunction with the filing of a motion for hardship discharge in a Chapter 12 or Chapter 13 case, the debtor shall file a statement on Local Form 4004-1(A) (Certification of Compliance and Motion for Entry of Discharge) indicating whether 11 U.S.C. § 522(q)(1) may be applicable to the debtor or if there is pending a proceeding in which the debtor may be found guilty of a felony of the kind described in 11 U.S.C. § 522(q)(1)(A) or liable for a debt of the kind described in 11 U.S.C. § 522(q)(1)(B). Such statement shall be served upon the trustee, if any, all creditors and all parties in interest who have requested notice.

B.Certification of Payment of Domestic Support Obligations. If the individual debtor in a Chapter 12 or 13 case is required by a judicial or administrative order, or by statute, to pay any domestic support obligation, the debtor shall file a verified statement certifying that the debtor has paid all amounts that are required to be paid under such domestic support obligation in accordance with 11 U.S.C. §§ 1228(a) or 1328(a) on Local Form 4004-1(A) (Certification of Compliance and Motion for Entry of Discharge). If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a verified statement certifying that the debtor has no such obligations on Local Form 4004-1(A) (Certification of Compliance and Motion for Entry of Discharge).

1.The certification of payment of domestic support obligations shall be filed by the debtor no earlier than the date of the last payment made under the plan or the date of the filing of a motion for entry of discharge under 11 U.S.C. §§ 1228(b) or 1328(b).

2.If the certification of payment of domestic support obligations is not timely filed, the case may be closed without a discharge.

C.Notice of Hearing. Motion for Hardship Discharge shall be filed and served with Local Form 20D, Notice of Hearing and Fixing Time for Filing Complaint affording creditors time to object to the debtor's discharge. When the debtor has completed all payments and files Debtor's Certification of Compliance and Motion for Entry of Discharge, the motion shall be filed and served with Local Form 20C, Notice of Motion, Notice of Deadline to File Objections to Motion and Notice of Hearing.