Skip to main content

RULE 2081-1 CHAPTER 11 - DISCHARGEABILITY AND FINAL DECREE IN NON-SUBCHAPTER V CASES

(a) Deadline for filing Certification and Request for Entry of Final Decree. Unless otherwise provided in the Order of Confirmation, the debtor-in-possession (or plan proponent) shall complete and file within sixty (60) days of the entry of the Order of Confirmation the Certification and Request for Entry of Final Decree, Local Form U. The time for filing may be extended upon proper motion for cause.

(b) Certification and Request for Discharge-Individual Chapter 11 Case.

(1) Individual Chapter 11 cases will be closed as set forth above.

(2) Section 1141(d)(5)(A) Discharge Upon completion of all plan payments, the debtor-in-possession may move to reopen an individual Chapter 11 case for the purpose of obtaining a discharge. The Certification of Plan Completion and Request for Discharge, Local Form S, must accompany the motion to reopen.

(3) If no response to the certification is filed with the Clerk by creditors or parties in interest, the Court will issue a discharge and re-close the case. A waiver of the reopening fee will be considered upon proper motion.

(4) Section 1141(d)(5)(B) Discharge A motion by the debtor-in-possession for a discharge under this provision must be accompanied by the Certification of Debtor Eligibility Regarding Request for Discharge Prior to Completion of Plan Payments, Local Form T.