Local Rule RULE 4004-2: MOTION FOR HARDSHIP DISCHARGE
Bankr. N.D.N.Y. — General rule
RULE 4004-2 MOTION FOR HARDSHIP DISCHARGE
(a) Content of Motion. Motions for discharge under 11 U.S.C. § 1328(b) shall be filed with the court and served on the trustee, United States trustee, any party having filed a notice of appearance and all creditors, at least 21 days preceding the date fixed for hearing. The motion shall set forth the basis for the discharge and provide evidence in support of the motion. A copy of a proposed order shall be attached to the motion as an exhibit to the motion.
(b) Requirements Prior to Issuance of Hardship Discharge. Prior to a discharge being entered by the Court, debtor or debtors are required to file with the court the Chapter 13 Debtor(s) Certifications Regarding Domestic Support Obligations and Section 522(q) and 1328 and a certificate of completion of a course in financial management, unless an approved provider has filed the certificate on the debtor's behalf.
(c) Objections 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 (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.