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Discharge in General

Local Rule Number: 
Rule 4004-3
4000 Series

(A)       The individual debtor shall be discharged upon determination that the debtor is eligible to receive a discharge under the Bankruptcy Code and Bankruptcy Rules (including without limitation the provisions of 11 U.S.C. §§707, 727, 1141, 1228, and 1328, and Bankruptcy Rule 4004(c), as applicable), and subject to any established court procedures that provide for delay of entry of the discharge, including but not limited to the following requirements:

(1)        in a chapter 12 case, the trustee has filed a final report certifying that all payments have been made pursuant to the confirmed plan;

(2)        in a chapter 13 case, unless the debtor is seeking a hardship discharge under 11 U.S.C. §1328(b), the trustee has filed a “Notice of Completion of Plan Payments”;

(3)        in a chapter 13 case, the debtor has filed, as appropriate, either the Local Form “Debtor’s Certificate of Compliance, Motion for Issuance of Discharge and Notice of Deadline to Object” or the Local Form “Debtor’s Certificate of Compliance, Motion for Issuance of Discharge Before Completion of Plan Payments, and Notice of Deadline to Object,” as required under Local Rule 2002-1(C)(12) has served a copy on all parties of record providing a 21 day objection deadline and, if any objections were filed, they have been resolved to permit issuance of a discharge; and

(4)        in an individual chapter 11 or 12 case the debtor has submitted the required Local Form “Notice of Deadline to Object to Debtor’s Statement Re: 11 U.S.C. §522(q)(1) Applicability, Payment of Domestic Support Obligations, and [For Chapter 11 Cases Only] Applicability of Financial Management Course and Statement Regarding Eligibility to Receive a Discharge” and a copy was served on all parties of record as required under Local Rule 2002-1(C)(13), and for chapter 11 cases Local Rule 3022- 1(B), and for chapter 12 cases Local Rule 2082-1.

(B)       Notice of Discharge.  The clerk shall serve the order of discharge in all chapter 7, 12 and 13 cases subject to the provisions of Local Rule 2002-1(C)(4).  In a chapter 11 non-individual case, the order confirming a plan shall contain notice of the grant or denial of the discharge.  In a chapter 11 individual case, the final decree shall contain notice of the grant or denial of the discharge.

☞2015 Amendment: Incorporates Administrative Order 15-01 previously adopting provision as interim local rule to allow for other causes for delay of discharge and prior interim amendment under Administrative Order 11-03.