Local Rule B-4004-2: Discharge in Chapter 12 & 13 Cases

B-4004-2 Discharge in Chapter 12 & 13 Cases

(a) In any case under Chapter 12 or 13, in order to receive a discharge after completing all the payments under a confirmed plan, the debtor shall file a Verified Motion for Entry of Discharge. In a joint case a separate motion shall be filed for each debtor.

(b) (1) The Verified Motion for Entry of Discharge shall be filed on the corresponding local form – LBF-4004-2(a) (Chapter 13) or LBF-4004-2(b) (Chapter 12) – and separately affirm, under penalties of perjury, that the debtor has fulfilled each of the statutory requirements for a discharge. Those requirements are enumerated in the local form. A motion submitted in any other form may be denied without notice or hearing. If the debtor is represented by counsel, the motion shall also be signed by debtor's counsel.

(2) In the event the debtor is required to pay a domestic support obligation, the verified motion shall also contain the name and address of the entity to whom such payments are to be made and the name and address of the debtor's employer. (See, 11 U.S.C. §§ 1202(c)(1)(C), 1302(d)(1)(C)).

(c) The clerk will issue notice of a Motion for Entry of Discharge and give all creditors and parties in interest at least thirty (30) days notice of the opportunity to object thereto. Absent timely objection, the motion may be granted and a discharge issued, without a hearing.

(d) If a Verified Motion for Entry of Discharge is not filed within thirty (30) days after the filing of the trustee's final report, the court may close the case without issuing a discharge, but doing so shall not prejudice the debtor's right to file a motion to reopen under 11 U.S.C. § 350(b).

HISTORICAL AND REGULATORY NOTES Pursuant to Order Amending Local Bankruptcy Rules dated February 28, 2019, this rule and associated local forms were amended to be applicable to both chapter 12 and 13 cases.

Pursuant to Order Amending Local Bankruptcy Rules dated December 1, 2009, this rule and associated local form were amended to conform to the statutory provisions of 11 U.S.C. § 1328.

Pursuant to Order Amending Local Bankruptcy Rules dated July 23, 2008, this rule was amended to add a sentence to the end of paragraph (a).

Pursuant to Order Amending Local Bankruptcy Rules dated April 25, 2008, this new rule became effective June 15, 2008, along with LBF-4004-2.