DISCHARGE UNDER CHAPTERS 11, 12 AND 13

U.S. Bankruptcy Court for the District of North Dakota

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

Rule: 4004-1

Jurisdiction: DNDB

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

(A) CHAPTER 11 Upon completion of all applicable payments under the plan in an individual Chapter 11 case, the debtor must file a motion for discharge that complies with section 1141(d)(5). (B) CHAPTERS 12 AND 13 (1) To be eligible for a discharge under Chapter 12 or 13, a debtor must file a certification regarding domestic support obligations and section 522(q). See Local Form-Chapter 12 and 13 Debtor’s Certifications Regarding Domestic Support Obligations and Section 522(q). In joint cases, each debtor is required to file a separate certification.

The certification must be filed: (a) no earlier than six months prior to completion of plan payments; or (b) upon the filing of a motion for entry of hardship discharge under section 1228(b) or section 1328(b). (2) Upon completion of all applicable payments under the plan in a Chapter 12 or 13 case, the trustee will file a text entry only event “Plan Payments Complete,” unless the court granted the debtor a hardship discharge under section 1228(b) or section 1328(b). -14- BANKRUPTCY RULE 4008-1 REAFFIRMATION AGREEMENTS All reaffirmation agreements filed with the court must substantially conform to Director’s Form 2400A/B ALT Reaffirmation Documents and be accompanied by the Cover Sheet for Reaffirmation Agreement (Official Form 427).

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