Local Rule 4004-1: GRANT OR DENIAL OF DISCHARGE.
Bankr. E.D. Tex. — General rule
Local Rule of Bankruptcy Procedure 4004-1. GRANT OR DENIAL OF DISCHARGE.
(a) Motion for Extension of Time. In addition to stating the justification for the requested extension, a motion for an extension of time to file a complaint objecting to the debtor's discharge pursuant to §727(a) of the Bankruptcy Code shall state the deadline for filing such a complaint in that case as established under Fed. R. Bankr. P. 4004(a) and the specific date to which an extension is requested.
(b) Discharge Process for Chapter 11 Individual Debtors (Non-Subch. V Cases) 1. Upon completion of all plan payments required of an individual debtor under a confirmed Chapter 11 plan which is not governed by Subchapter V, the individual debtor(s) shall file a "Notice of Plan Completion and §522(q) Statement By Individual Debtor in a Chapter 11 Case" (no service required) in a format substantially conforming to TXEB Local Form 4004-b. 2. Upon the filing of the Notice of Plan Completion, an opportunity to object to the entry of the discharge order shall be given by the Clerk to all parties on the master mailing list (matrix) as constituted by the Court on that date. 3. Upon the entry of a discharge order on behalf of an individual debtor, and in the absence of any unresolved administrative issue, a final decree closing the case shall be entered by the Clerk.
(c) Discharge Process for Chapter 11 Subchapter V Debtors – Nonconsensual Plan 1. Upon completion of all plan payments required to be distributed within the Non-Consensual Payment Period, the Debtor shall file a Motion for Entry of Discharge Upon Completion of Non-Consensual Commitment Period which documents that all payments of projected disposable income or equivalent values of property by the Debtor under the confirmed plan as required under § 1191(c)(2) have been completed and that all other prerequisites for the entry of an order of discharge pursuant to 11 U.S.C. § 1192 have been fulfilled.. 2. Any Motion for Entry of Discharge Upon Completion of Non-Consensual Commitment Period filed by the Debtor must be served upon the master mailing list (matrix) as constituted by the Court on the date of service and contain a certificate of service evidencing such service. 3. Any Motion for Entry of Discharge Upon Completion of Non-Consensual Commitment Period filed by the Debtor must also contain the following 28-day negative notice language, which must appear as presented and be located in the motion text — preferably on the initial page:
28-DAY NEGATIVE NOTICE – LBR 4004(c):
Your rights may be affected by the relief sought in this pleading. You should read this pleading carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you oppose the relief sought by this pleading, you must file a written objection, explaining the factual and/or legal basis for opposing the relief.
No hearing will be conducted on this Motion unless a written objection is filed with the Clerk of the United States Bankruptcy Court and served upon the party filing this pleading WITHIN TWENTY-EIGHT (28) DAYS FROM THE DATE OF SERVICE shown in the certificate of service unless the Court shortens or extends the time for filing such objection. If no objection is timely served and filed, the relief sought in this pleading shall be deemed to be unopposed, and the Court may enter an order of discharge as requested by the Debtor. If an objection is filed and served in a timely manner, the Court will thereafter set a hearing with appropriate notice. If you fail to appear at the hearing, your objection may be stricken. The Court reserves the right to set a hearing on any matter.
(d) Discharge Process in Chapter 12 or Chapter 13 1. Upon receipt of all plan payments from the debtor, the Trustee shall file a Notice of Plan Completion which verifies to the Court that the debtor has completed all payments under the confirmed plan for which the Trustee served as the disbursing agent and that the process to determine the entitlement of the debtor to an order of discharge should be initiated pursuant to 11 U.S.C. §1228(a) or §1328(a). 2. Upon the filing of the Notice of Plan Completion, a 60-day opportunity to object to the entry of the discharge order shall be given by the Clerk to all parties on the master mailing list (matrix) as constituted by the Court on that date. 3. Within 30 days after the filing of the Notice of Plan Completion by the Trustee, the Debtor must file: (A) a "Statement of Debtor(s) Regarding Applicability of 11 U.S.C. §522(q) in a Chapter 12 or 13 Case" in a format substantially conforming to TXEB Local Form 4004-c; and (B) a "Certification of Debtor Regarding Status of Domestic Support Obligations in a Chapter 12 or 13 Case" in a format substantially conforming to TXEB Local Form 4004-d.
(e) Motion for Hardship Discharge Any motion by an individual debtor for a discharge under §1111(d)(5)(B), §1228(b) or §1328(b) of the Bankruptcy Code must be accompanied by a proposed order which substantially conforms to the bankruptcy form indicated: Chapter 11: adapt Bankruptcy Director's Form B-3180FH (Chapter 12 form) until one is actually promulgated for Chapter 11 cases Chapter 12: Bankruptcy Director's Form B-3180FH Chapter 13: Bankruptcy Director's Form B-3180WH. These forms are available at www.uscourts.gov/forms/bankruptcy-forms. In Chapter 13 cases, the proposed order shall also contain the following paragraph: "IT IS FURTHER ORDERED that a complaint to determine the dischargeability of any debt pursuant to §523(a)(6) of the Bankruptcy Code shall be filed on or before [ DATE ], which is not later than 60 days from the date of the entry of this Order."