Local Rule L. Rule 4004-1: GRANT OR DENIAL OF DISCHARGE

L. Rule 4004-1. GRANT OR DENIAL OF DISCHARGE.

(a) Chapter 7.

In a chapter 7 case, a motion to delay or postpone discharge under 11 U.S.C. § 727(a)(12) must be filed not later than 30 days before the deadline for filing a complaint objecting to discharge, and must be served on the debtor, any trustee serving in the case, and on the U.S. trustee. An untimely motion will not be deemed to be pending, for purposes of FRBP 4004(c)(1)(I), unless the Court orders otherwise before the entry of the discharge. To be considered timely, the motion must be accompanied by a separate motion to expedite the hearing in accordance with L. Rule 9014-1(e).

(b) Chapter 11.

To receive a discharge, an individual debtor in a chapter 11 case must file a motion requesting entry of a discharge. The motion must contain a verified statement addressing the requirements of 11 U.S.C. § 1141(d)(5)(A) or (B). The motion must also include the statements specified in FRBP 4004(c)(1)(H) and (I). The motion (and all attachments) must be served on all creditors and parties in interest, and must include a conspicuous notice that any objections to the entry of discharge, or any request to delay entry of the discharge under 11 U.S.C. § 1141(d)(5)(C) must be filed with the Clerk and served on the debtor within 21 days after the date of service of the statement. Service of the motion with the required notice in accordance with this Rule shall satisfy the requirements of FRBP 2002(f)(11).

If an objection to the entry of discharge, or a request to delay entry of discharge is timely filed, then no discharge will be entered until a hearing has been held under 11 U.S.C. § 1141(d)(5)(C). If no such objection or request is timely filed, then a discharge may be entered without further hearing, unless the Court orders otherwise.

(c) Chapter 12.

In a chapter 12 case, a debtor who completes and timely submits to the trustee a pre-discharge questionnaire in the form specified by the trustee will be deemed to have complied with the filing requirements of FRBP 1007(b)(8).

The trustee's motion to enter discharge shall be deemed to be notice under FRBP 2002(f)(11) of the time to request delay in the entry of discharge under 11 U.S.C. § 1228(f).

(d) Chapter 13.

(1) Trustee Notice of Plan Completion.

After receipt of all plan payments from the debtor, the trustee shall file a Notice of Completion of Plan Payments which indicates that the debtor has completed all payments under the confirmed plan for which the trustee served as the disbursing agent. The trustee will serve copies of the Trustee's Notice of Completion of Plan Payments on the debtor and the debtor's attorney along with a copy of the required local form at Appendix L-4004-1 Certification of Eligibility for Chapter 13 Discharge after Completion of Plan Payments.

(2) Debtor Certification.

Unless the debtor is not entitled to a discharge, within 30 days after the filing by trustee of the Notice of Plan Completion, the debtor shall file the local form at Appendix L-4004-1, Certification of Eligibility for Chapter 13 Discharge after Completion of Plan Payments.

(3) Notice of Opportunity to Object.

Upon the filing by the debtor of the Certification required under subsection (d)(2) above, notice of the 30 day opportunity to object to the entry of the discharge order shall be given by the debtor, or at the chapter 13 trustee's option, by the chapter 13 trustee, to all parties on the master mailing list (matrix) as constituted on that date. The notice shall be in a format substantially conforming to the local form at Appendix L-4004-2.

(4) Entry of Discharge.

Unless an objection is filed in a timely manner, and provided the debtor is otherwise entitled, the Clerk of the Court will enter an Order of Discharge. Entry of the Order of Discharge without objection constitutes a finding that 11 U.S.C. § 1328(h) has been satisfied by the Debtor.

(5) Failure to Timely File Debtor Certification.

If the debtor fails to timely file the Certification of Eligibility for Chapter 13 Discharge after Completion of Plan Payments, the trustee is authorized in the normal course of case administration to file a final report in the case notwithstanding that the debtor has not filed the Certification provided for herein or received a discharge, and the case may be closed without a discharge.

(6) Reopening Case to Accord Relief to Debtor.

Any subsequent reopening of a case closed without a discharge to seek relief regarding the granting of a discharge to an otherwise eligible debtor, shall be pursuant to applicable law, and the prior failure to timely comply with subsection (d)(2) above alone shall not be considered grounds for denial of discharge.