Local Rule RULE 2083-1: CHAPTER 13 - DISCHARGEABILITY

RULE 2083-1 CHAPTER 13 - DISCHARGEABILITY

(a) Requirements for Section 1328(a) Discharge –

(1) Upon the Chapter 13 trustee filing a notice of plan completion, the trustee shall contemporaneously serve on the debtor and the attorney for the debtor (if any) a notice to the debtor of plan completion and of the debtor's need to file request for discharge.

(2) The debtor shall complete and file within thirty (30) days of the date of the trustee's notice the Certification of Plan Completion and Request for Discharge, Local Rule Form Q. The time for filing may be extended upon proper motion for cause.

(3) Failure to file the certification will result in the case being closed without a discharge. Any reopening to enter a discharge will require a reopening fee to be paid.

(4) If no response to the certificate and notice is filed by the creditors or the parties in interest, the Court will issue a discharge.

(b) Requirements for Section 1328(b) Discharge –

(1) Upon the filing of a motion by the debtor for a hardship discharge, the debtor shall contemporaneously file the Certification of Debtor Information Regarding Request for Hardship Discharge, Local Rule Form R.

(2) Failure to file the certification with the motion may result in denial of relief sought.