Discharge

U.S. Bankruptcy Court for the District of Colorado

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

Rule: 4004-1

Jurisdiction: DCOB

Bluebook Citation: Bankr. D. Colo. R. 4004-1

(a) Financial Management Course Certification Required for an Individual Debtor in Chapter 7, 13, and 11 cases in which 11 U.S.C. § 1141(d)(3) Applies. The Court cannot grant a discharge to an individual debtor absent compliance with Fed. R. Bankr. P. 1007(b)(7). The Court will close fully administered cases without the entry of a discharge if the debtor fails to file the financial management course certification. The debtor must then file a motion to reopen the case and pay the required reopening fee to secure a discharge.

(b) Individual Debtor Cases in which 11 U.S.C. § 522(q)(1) Applies. The Court cannot grant a discharge if there is reasonable cause to believe that 11 U.S.C. § 522(q)(1) may be applicable to the debtor and there is a conviction of a felony as defined in 18 U.S.C. § 3156, or pending any proceeding in which the debtor may be found guilty of a felony of the kind described in 11 U.S.C. § 522(q)(1)(A), or may be liable for a debt of the kind described in 11 U.S.C. § 522(q)(1)(B). Prior to the entry of the discharge, any party, including the debtor, a creditor, trustee, and United States Trustee, with knowledge that 11 U.S.C. § 522(q)(1) may apply to the debtor, must file a statement justifying the assertion that there is reasonable cause to believe 11 U.S.C. § 522 (q)(1) applies.

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