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Granting or Denying a Discharge – Chapter 13

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Local Rule Number: 
Rule 4004-3
4000 Series

(a)      Discharge under § 1328(a). A debtor requesting a discharge under § 1328(a) must – after the chapter 13 trustee files a notice of plan completion – file and serve on the trustee, all creditors, and all indenture trustees on 21 days’ negative notice local form Debtor’s Certificate of Compliance, Motion for Issuance of Discharge, and Notice of Deadline to Object.

(b)     Discharge under § 1328(b). A debtor requesting a discharge under § 1328(b) must file and serve on the trustee, all creditors, and all indenture trustees on 21 days’ negative notice local form Debtor’s Certificate of Compliance, Motion for Issuance of Discharge Before Completion of Plan Payments, and Notice of Deadline to Object.

(c)      Deceased Debtor.

(1)      A debtor’s attorney seeking issuance of a discharge under § 1328(a) for a debtor who dies during the pendency of a chapter 13 case must – after the chapter 13 trustee files a notice of plan completion – file local form Motion for Issuance of Discharge to a Deceased Debtor and Notice of Deadline to Object with a redacted copy of the death certificate attached.

(2)      If a debtor in a chapter 13 case dies before completing the instructional course concerning personal financial management described in § 111, the filing of local form Motion for Issuance of Discharge to a Deceased Debtor and Notice of Deadline to Object with a redacted copy of the death certificate attached constitutes conclusive evidence of the debtor’s incapacity under § 109(h)(4), such that paragraph (1) of § 1328(g) will not apply to that debtor.