Local Rule RULE 4004-1: DISCHARGE HEARINGS

RULE 4004-1 DISCHARGE HEARINGS

(a) Within thirty (30) days of the filing of the notice of completion of plan payments in Chapter 12 and Chapter 13 cases, a debtor shall file with the Court a motion and certification using Local Forms 8a or 8c, as applicable, for entry of a discharge under 11 U.S.C. §§ 1228(a) and 1328(a).

(b) Local Form 8b must be used to file a motion for hardship discharge under 11 U.S.C. §§ 1228(b) or 1328(b) and the motion must be accompanied by an affidavit that includes both legal and factual statements showing entitlement to hardship discharge.

(c) A debtor shall serve a motion for discharge under 11 U.S.C. §§ 1228 or 1328 on all parties in interest and all domestic support order recipients.

(d) Motions for discharge under 11 U.S.C. §§ 1228(a) or 1328(a) may be filed under the negative notice provisions of Local Rule 9007-1 using the appropriate Local Form.

(e) Unless a party in interest timely files an objection to a motion for discharge, the Court may conclude the following without a hearing:

(1) that 11 U.S.C. § 522(q)(1) is not applicable to the debtor; and

(2) that no proceeding is pending in which the debtor may be found guilty of a felony of the kind specified 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).

(f) After the effective date of a confirmed Chapter 11 plan in a Chapter 11 case, the Court may, upon motion by a debtor and opportunity for hearing, close the Chapter 11 case. Upon satisfaction of the requirements of 11 U.S.C. § 1141(d)(5) and after payment of applicable fee, a debtor may move to reopen the Chapter 11 case and request a discharge. A debtor is not obligated to pay quarterly fees or file financial reports while the case is closed.