Local Rule 4008-2: CHAPTER 13 DISCHARGE AND CERTIFICATE OF COURSE COMPLETION; DUTY OF DEBTOR TO COOPERATE WITH CHAPTER 13 TRUSTEE
Bankr. E.D. Va. — Civil rule
RULE 4008-2 CHAPTER 13 DISCHARGE AND CERTIFICATE OF COURSE COMPLETION; DUTY OF DEBTOR TO COOPERATE WITH CHAPTER 13 TRUSTEE
(A) Certificate of Course Completion in compliance with 11 U.S.C. §1328: The debtor(s) shall file the certificate of course completion in compliance with 11 U.S.C. §1328 within 45 days of the mailing of the Notice to Debtor(s) and Creditors Concerning Issuance of Discharge. The failure to timely file this certificate may result in the case being closed without the entry of a discharge order.
(B) Debtor's Duty to Cooperate with Chapter 13 Trustee Upon Completion of Plan Payments: Upon completion of chapter 13 plan payments the debtor shall comply within 14 days with any requirement of the chapter 13 trustee for information needed to provide the notices required by 11 U.S.C. §1302(d). Further, if the trustee determines that the debtor has failed to timely provide the trustee with such information, the trustee shall within 30 days of completion of the chapter 13 plan payments, file a certification of non-compliance wherein the Clerk shall issue a notice to show cause to the debtor and the debtor's attorney why sanctions, including dismissal of the case without granting a discharge, should not be imposed.
Comments 4008-2 This rule is new and is applicable in all Chapter 13 cases filed on or after October 17, 2005. [New Rule effective 10/15/07.]
4008-2 A time-computation adjustment has been made paragraph (B) to conform to a revision to the Federal Rules of Bankruptcy Procedure that take effect December 1, 2009. A stylistic change has been made to paragraph (A). [Changes effective 12/01/09.]
4008-2 Paragraph (C) is modified to accommodate a stylistic change whereby the term "order" is deleted where it appears in the text. Other conforming changes are made to the text. [Changes effective 12/1/15.]
4008-2(A) FRBP 1007 (and associated rules with conforming amendments) abrogates Official Form 423 and makes filing the financial management course certificate itself the exclusive means of proof of taking the course. For this reason, technical conforming changes are made to the Rule's Paragraph (A). [Changes effective 12/1/24.]