Chapter 12 and 13 Debtor’s Certified Motion for Discharge

U.S. Bankruptcy Court for the Northern District of Iowa

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of Iowa

Rule: 4004-3

Jurisdiction: NDIAB

Bluebook Citation: Bankr. N.D. Iowa R. 4004-3

(a) Any Debtor seeking entry of a discharge under 11 U.S.C. §§ 1228(a) and 1328(a) shall file the local form “Debtor’s Certified Motion for Discharge and Notice of Deadline to Object” upon completion of all payments under the plan. (b) Any Joint Debtor seeking entry of a discharge under 11 U.S.C. §§ 1228(a) and 1328(a) shall file their own “Debtor’s Certified Motion for Discharge and Notice of Deadline to Object”. (c) Procedures for filing, noticing and objecting to a “Debtor’s Certified Motion for Discharge and Notice of Deadline to Object” shall comport with the Chapter 12 and 13 Administrative Procedures found on the Court’s website. 29 Rule 4008-1 Reaffirmation Agreement (a) (b) All reaffirmation agreements shall utilize the Director’s Form 2400A, Reaffirmation Documents, or Form 2400A/B ALT, Reaffirmation Agreement, and Official Form 427, Reaffirmation Agreement Cover Sheet.

Reaffirmation agreements containing the following deficiencies shall be deemed incomplete and a hearing notice shall issue, outlining the deficiencies and setting the matter for hearing: (1) Improper Form or Format (Use of a form/format other than Director’s Form 2400A or 2400A/B ALT); (2) Lack of requisite signatures on form; (3) Existence of presumption of undue hardship (applies to all reaffirmation agreements except for those filed by credit unions or reaffirmation agreements involving real property); or (4) Incomplete Attorney Declaration. (c) The Clerk shall issue a notice canceling a hearing set pursuant to paragraphs (b)(1), (b)(2) and (b)(3) of this rule, only upon the curing of deficiencies to this Court’s satisfaction 14 days prior to the hearing.

PART 5.

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