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Modification of Deadline for Objections to Discharge

Local Rule Number: 
Rule 4004-2
4000 Series

The deadlines set pursuant to Bankruptcy Rule 4004(a) for filing a complaint or motion objecting to discharge under §727, and for filing a motion objecting to discharge under §1328(f), are modified in the following circumstances:

(A)        Meeting of Creditors Untimely Noticed. If service of the §341 or post-conversion meeting notice is not timely provided pursuant to Bankruptcy Rule 2002(a) and Local Rule 2002-1(C)(1), and as a result of this failure to provide notice the §341 meeting must be rescheduled before another notice can be served, the deadline for objecting to discharge under §§ 727(a) or 1328(f) shall be 60 days after the rescheduled date of the §341 meeting.

(B)        Case Dismissed and Reinstated. If a case is dismissed prior to the expiration of the deadline for objecting to discharge and subsequently reinstated:

(1)             in a case dismissed before the §341 meeting is held, the new deadline for objecting to discharge under §§ 727 or 1328(f) shall be 60 days after the rescheduled §341 meeting; or

(2)             in a case dismissed after the §341 meeting is held, the new deadline for objecting to discharge under §§ 727 or 1328(f) shall be 60 days from entry of the order reinstating the case.

(C)        Notice of New Deadline.  The clerk shall provide notice of new deadlines established under this rule.

☞2015 Amendment:    Amended to make language of rule consistent with language of other similar rules and delete section on chapter 11 deadline as duplicative of Bankruptcy Rule 4004(a).