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RULE 4004-1

GRANT OR DENIAL OF DISCHARGE

  1. Chapter 7 Debtors. If a Chapter 7 debtor files a Certification of Completion of Instructional Course Concerning Personal Financial Management stating that no personal financial management course is required due to incapacity or disability as defined in 11 U.S.C. § 109(h) or being on active duty in a military combat zone, the debtor shall file with the Certification an affidavit that sets forth the details of the claimed incapacity, disability, or active military duty. Such Affidavit shall be sworn and notarized, and shall be construed as being filed under penalty of perjury.
  2. Chapter 13 Debtors. In order to obtain a discharge, all Chapter 13 debtors shall file with the Court and serve on the Chapter 13 Trustee a certification that the debtor has paid all amounts that are required to be paid under a domestic support obligation as required by a judicial or administrative order, or by statute, that were due on or before the date of the certification, including amounts due before the petition was filed, but only to the extent provided for by the Chapter 13 Plan. If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a certification that so states. Chapter 13 debtors shall certify compliance with 11 U.S.C. § 1328(h) using the following language:
    1. The debtor has not claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) [generally the Debtor’s homestead]; or
    2. The debtor has claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) but there is no pending proceeding in which the debtor may be found guilty of a felony of a kind described in § 522(q)(1)(A) or found liable for a debt of the kind described in § 522(q)(1)(B).
  3. Individual Chapter 11 Debtors. In an individual Chapter 11 the debtor shall certify compliance with 11 U.S.C. § 1141(d)(5)(C):
    1. The debtor has not claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) [generally the Debtor’s homestead]; or
    2. The debtor has claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) but there is no pending proceeding in which the debtor may be found guilty of a felony of a kind described in § 522(q)(1)(A) or found liable for a debt of the kind described in § 522(q)(1)(B).
  4. Chapter 12 Debtors. All Chapter 12 debtors shall file with the Court and serve on the Chapter 12 Trustee a certification that the debtor has paid all amounts that are required to be paid under a domestic support obligation as required by a judicial or administrative order, or by statute, that were due on or before the date of the certification, including amounts due before the petition was filed, but only to the extent provided for by the Chapter 12 Plan. If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a certification stating that the debtor is not required to pay said amounts. Chapter 12 debtors shall certify compliance with 11 U.S.C. § 1228(f) (Chapter 12):
    1. The debtor has not claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) [generally the Debtor’s homestead]; or
    2. The debtor has claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) but there is no pending proceeding in which the Debtor may be found guilty of a felony of a kind described in § 522(q)(1)(A) or found liable for a debt of the kind described in § 522(q)(1)(B).

 

Advisory Committee Notes
2023 Amendment

The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors.
 

2020 Amendment

The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. A requirement for delivery of an affidavit is added to subdivision (A).