Local Rule 4004-1: Discharge of Chapter 13 Debtors

Local Rule 4004-1 Discharge of Chapter 13 Debtors

(a) Chapter 13 Trustee's Report. Upon receipt of a debtor's final plan payment, the Chapter 13 trustee will file with the court a Report of Completion of Plan Payments ("Chapter 13 Trustee's Report"). The trustee will serve the Chapter 13 Trustee's Report on the debtor and the debtor's attorney.

(b) Debtor's Motion for Entry of Discharge and Certification Regarding Plan Completion. Unless the debtor is not entitled to a discharge, the filing of the Chapter 13 Trustee's Report will constitute notice that each debtor must file, under penalty of perjury, a Local Form 8 ("Chapter 13 Debtor's Motion for Entry of Discharge"). Local Form 8 must be signed, filed, and served on all creditors and other parties in interest included on the Clerk of Court's mailing matrix within 60 days of the date of filing of the Chapter 13 Trustee's Report. Failure to file timely Local Form 8 may result in the closing of the case without the entry of a discharge.

(c) Verifications In Local Form 8. Local Form 8 shall include verifications by the debtor regarding satisfaction of plan requirements, entitlement to a discharge, and, if applicable, the status of all domestic support obligations. Local Form 8 will also verify that the debtor is not disqualified by the provisions of 11 U.S.C. § 1328(h) from receiving a discharge.

(d) Entry of the Debtor's Discharge. Notice of the filing of Local Form 8 shall be provided in accordance with Federal Rules of Bankruptcy Procedure 9006 and 9007 and Local Rule 9013-1. If no objections are filed and the debtor is otherwise entitled to a discharge, the court will enter the debtor's discharge. Entry of the discharge without objection constitutes a finding that 11 U.S.C. § 1328(h) has been satisfied by the debtor. If the provisions of 11 U.S.C. § 522(q) are applicable to the debtor, notice of Local Form 8 shall be given in accordance with Federal Rules of Bankruptcy Procedure 1007(b)(8) and 4004(c)(3).

(e) Hardship Discharge. In the event the debtor seeks a hardship discharge pursuant to 11 U.S.C. § 1328(b), the debtor's motion for hardship discharge shall include certifications regarding the status of domestic support obligations and that the debtor is not disqualified by the provisions of § 1328(h) from receiving a discharge. These certifications shall be made on Local Form 8HD ("Chapter 13 Debtor's Certifications in Support of Motion for Hardship Discharge") and attached to the motion for hardship discharge. The debtor's motion for hardship discharge and Local Form 8HD must be signed, filed, and served on all creditors and other parties in interest included on the Clerk of Court's mailing matrix. The Chapter 13 trustee will not file the Chapter 13 Trustee's Report.