Local Rule LR 4004-1: Discharge in Chapter 7, 12, and 13 Cases

LR 4004-1 Discharge in Chapter 7, 12, and 13 Cases

(a) Disclosures required before discharge in chapter 7, 12, and 13 cases.

(1) Chapter 7 cases. An individual chapter 7 debtor who has claimed a homestead exemption that exceeds the amount identified in 11 U.S.C. § 522(q)(1) must file Local Form 2829 not later than 7 days before the first date set to object to the debtor's discharge under 11 U.S.C. § 727.

(2) Pre-discharge filing requirements for chapter 12 and 13 debtors.

(A) No more than 30 days after the debtor's final plan payment to the trustee, the trustee must file a certification that the debtor has made all required payments to the trustee under the confirmed plan.

(B) Except as provided by 11 U.S.C. § 1228(b), to receive a discharge in a chapter 12 case the debtor must file Local Form 2830 to report information regarding domestic support obligations, the applicability of 11 U.S.C. § 522(q)(1), and the completion of payments under the plan made directly to creditors other than payments to holders of allowed claims provided for under 11 U.S.C. § 1222(b)(5) or 1222(b)(9). Unless otherwise ordered, the debtor must file Local Form 2830 within 60 days after the trustee files the certification that the debtor has made all required payments to the trustee under the plan.

(C) Except as provided by 11 U.S.C. § 1328(b), to receive a discharge in a chapter 13 case the debtor must file Local Form 2831, to report information regarding domestic support obligations, the applicability of 11 U.S.C. § 522(q)(1), and the completion of payments under the plan made directly to creditors. Unless otherwise ordered, the debtor must file Local Form 2831 within 60 days after the trustee files the certification that the debtor has made all required payments to the trustee under the plan.

(b) Closing without discharge.

(1) If a debtor does not timely file either Local Form 2830 or 2831 the court may close the case without granting a discharge.

(2) If an individual debtor in a chapter 7 or 13 case who is required to file the statement described in Fed. R. Bankr. P. 1007(b)(7) fails to file that statement, the court will close the case without granting a discharge.

(3) In any case in which 11 U.S.C. §§ 727(a)(1), (8), (9), or 1328(f) applies, the court will close the case after the requirements of 11 U.S.C. § 350(a) are satisfied.

(4) A debtor who can demonstrate after the court closes the case that the debtor is entitled to a discharge must move to reopen the case under 11 U.S.C. § 350(b) to request the granting of a discharge.

(c) Deceased debtors. When a declaration of death in compliance with Local Rule 1016-1 is filed for a debtor who is a chapter 12 or chapter 13 debtor, the debtor is not required to file Local Form 2830 or 2831; but the court will not grant the debtor a discharge without proof that the debtor meets the applicable discharge requirements of 11 U.S.C. §§ 1228 and 1328.