Local Rule 3022: Final Decree in Chapter 11 Cases where Debtor is an Individual
Bankr. S.D. Ill. — Civil rule
L.R. 3022 – Final Decree in Chapter 11 Cases where Debtor is an Individual. (Applicable to cases filed on or after October 17, 2005.) A. Application for Final Decree/Reports/Motion. If the debtor in a chapter 11 case is an individual and has completed all plan payments, then the debtor shall file the following documents:
1. a report with the Court certifying that debtor has complied with the terms and conditions of the plan and that debtor is otherwise eligible for a discharge under Section 1141(d)(5) of the Bankruptcy Code;
2. a motion for entry of discharge order; and 3. an application for final decree pursuant to Rule 3022 of the Federal Rules of Bankruptcy Procedure.
In addition, debtor shall certify that all monthly operating reports have been filed. If the debtor is otherwise eligible, the Court shall issue a discharge as soon as practicable.
B. Request for Discharge under Bankruptcy Code § 1141(d)(5)(B). If a discharge is sought under Section 1141(d)(5)(B) of the Bankruptcy Code, the debtor shall request entry of discharge by filing a motion for discharge, which shall be a contested matter governed by Rule 9014 of the Federal Rules of Bankruptcy Procedure. If the motion is granted, and if the debtor is otherwise eligible, the Clerk shall issue the discharge and the final decree closing the case.
C. Closing Case before Plan Payments Completed. If the debtor proposes to close the case before plan payments have been completed, and intends to reopen the case after plan completion to obtain a discharge, then the debtor shall file a motion to close the case and shall include in that motion a statement of the debtor's intent to reopen. The motion shall be accompanied by a notice giving all creditors 21 days from the date of filing within which to object to the motion. Upon the filing of a motion to reopen, the debtor shall be required to pay any fees due for reopening the case. After reopening, the debtor shall file the application for final decree and supporting documentation as required in subsection A of this Rule.