Local Rule 4004-1: DISCHARGE

RULE 4004-1. DISCHARGE A. Statement of Whether 11 U.S.C. § 522(q) is Applicable. Within twenty-one (21) days following the filing of a notice by an individual debtor in a Chapter 11 case or a trustee in a Chapter 12 or Chapter 13 case that the debtor has paid all payments due under the plan, or in conjunction with the filing of a motion for hardship discharge, the debtor shall file a statement on Local Form 4004-1(Certification and Request for Issuance of Discharge) indicating whether 11 U.S.C. § 522(q)(1) may be applicable to the debtor or if there is pending a proceeding in which the debtor may be found guilty of a felony of the kind described 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). Such statement shall be served upon the trustee, if any, all creditors and all parties in interest who have requested notice, affording them fourteen (14) days, which includes the three (3) days for mailing as prescribed by Bankruptcy Rule 9006(f), from the date of the filing of the statement to object to the debtor's discharge.

B. Certification of Payment of Domestic Support Obligations. If the debtor in a Chapter 12 or 13 case is required by a judicial or administrative order, or by statute, to pay any domestic support obligation, the debtor shall file a verified statement certifying that the debtor has paid all amounts that are required to be paid under such domestic support obligation in accordance with 11 U.S.C. §§ 1228(a) or 1328(a) on Local Form 4004-1(Certification and Request for Issuance of Discharge). If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a verified statement certifying that the debtor has no such obligations on Local Form 4004-1(Certification and Request for Issuance of Discharge).

1. The certification of payment of domestic support obligations shall be filed by the debtor not earlier than the date of the last payment made under the plan or the date of the filing of a motion for entry of discharge under 11 U.S.C. §§ 1228(b) or 1328(b).

2. If the certification of payment of domestic support obligations is not timely filed, the case may be closed without a discharge.

C. Debtors Ineligible for Discharge. Debtors not eligible for a discharge need not file a Certification and Request for Issuance of Discharge.