Local Rule LR 4004-2: Obtaining Discharge Under 11 U.S.C. §§ 1141(d)(5) or 1192
Bankr. E.D. Wis. — General rule
LR 4004-2 Obtaining Discharge Under 11 U.S.C. §§ 1141(d)(5) or 1192
(a) This rule applies to cases under title 11 when discharge is governed by 11 U.S.C. §§ 1141(d)(5) or 1192.
(b) To obtain a discharge under 11 U.S.C. § 1141(d)(5), a debtor must file and serve:
(1) A motion requesting that the court grant the debtor a discharge under § 1141(d)(5) supported by one or more Declarations by persons with the requisite personal knowledge, unless relying on facts of which the court may take judicial notice, showing:
(A) The debtor has completed all payments under the confirmed plan as required by § 1141(d)(5)(A);
(B) The debtor satisfies the requirements of § 1141(d)(5)(C) regarding the applicability of 11 U.S.C. § 522(q)(1) to the debtor, unless the debtor has filed a declaration of death in compliance with Local Rule 1016-1.
(2) Notice of the motion with 28 days' notice of the deadline to object must be served on all parties upon whom the plan was served.
(c) To obtain a discharge under 11 U.S.C. § 1192, a debtor must:
(1) File a subchapter V final report and account as required by Local Rule 3022-2(c) and
(2) File and serve on all parties upon whom the plan was served:
(A) A motion requesting that the court grant the debtor a discharge under § 1192(b), supported by one or more Declarations by persons with the requisite personal knowledge, unless relying on facts of which the court may take judicial notice, showing that the debtor has completed all payments as required by § 1192, and
(B) Notice of the motion with 28 days' notice of the deadline to object.