Local Rule RULE 4004-1: COMPLETION OF PLAN AND ENTRY OF A CHAPTER 12 OR CHAPTER 13 DISCHARGE

RULE 4004-1 COMPLETION OF PLAN AND ENTRY OF A CHAPTER 12 OR CHAPTER 13 DISCHARGE

(a) Trustee's Final Report. Upon completion of payments under a Chapter 12 or 13 plan, the trustee shall file a report that all payments required under the plan have been made.

(b) Debtor's Certifications.

(1) Requirement Prior to Issuance of Discharge. In a case filed on or after October 17, 2005, within thirty (30) days of the filing of Trustee's Final Report, the debtor shall file a Chapter 12 Debtor(s) Certifications Regarding Domestic Support Obligations and §§ 522(q) and 1228 or Chapter 13 Debtor(s) Certifications Regarding Domestic Support Obligations and §§ 522(q) and 1328 under penalties of perjury as part of the necessary basis for the issuance of a discharge. If the certifications are filed prior to the Trustee's Final Report, the filing party will be notified that the filing is premature, and current certifications will need to be refiled after the Trustee's Final Report is filed.

(2) Request for Waiver of Certifications for Deceased Debtor. Upon ex parte application and submission of a proposed order, the court may consider the waiver of certifications required under LBR 4004-1(b) for a deceased debtor. The ex parte application must be supported by a properly redacted death certificate.

(c) Discharge Hearing.

(1) Chapter 13 Case. Upon the timely filing of the certifications regarding domestic support obligations and §§ 522(q) and 1328 and Official Form 423 – Debtor's Certification of Completion of Instructional Course Concerning Financial Management, the Clerk shall issue a Notice of Default Hearing on Request for Discharge Pursuant to § 1328. If the certifications and Official Form 423 or a motion to extend time to file are not timely filed, the Clerk may close the case without discharge and notify creditors of the same

(2) Chapter 12 Case. Upon the timely filing of the certifications regarding domestic support obligations and §§ 522(q) and 1228, the Clerk shall issue a Notice of Default Hearing on Request for Discharge Pursuant to § 1228. If the certifications or a motion to extend time to file are not timely filed, the Clerk may close the case without discharge and notify creditors of the same

(d) Objection to Entry of Discharge. Any party wishing to contest the entry of a discharge must file a written objection to the entry of a discharge not later than seven (7) days prior to the date set by the Clerk for the hearing on the Request for Discharge and serve such objection on the debtor, debtor's attorney, the trustee, the United States trustee, and any party having filed a notice of appearance. In the event no objections to discharge are filed, and the debtor is otherwise eligible to receive a discharge, the Clerk may issue a discharge in the case.

(e) Case Closed Without Discharge. If a case is closed without a discharge under paragraph (c) of this Rule, the debtor shall file a motion to reopen the case and pay a fee equal to the filing fee for a chapter 12 or 13 petition, as applicable, in order to obtain a discharge. The fee to reopen a case to obtain a discharge cannot be waived.