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B-4004-1. DISCHARGE IN CHAPTER 12 INDIVIDUAL AND CHAPTER 13 CASES

(a)   Trustee’s Notice of Completion

For all individual Chapter 12 cases and all Chapter 13 cases filed on or after October 17, 2005, the Chapter 12 or 13 trustee shall file a Notice of Plan Completion after all payments have been received. Sample forms are available on the Court’s website.

(b)   Debtor’s Required Pleadings

Within thirty (30) days after the trustee files the notice of completion, the Debtor shall file a Motion for Entry of Discharge and a Certification of Eligibility for Discharge. Each Debtor in a joint case shall file a separate Certification. Sample forms are available on the Court’s website.

(c)   Service and Notice

The Debtor shall serve a copy of the Motion for Entry of Discharge and a Certification of Eligibility for Discharge on the trustee and any entity to whom the Debtor owes a domestic support obligation. The trustee shall have twenty-one (21) days from the date of filing to object to the Motion or the Certification. If the Debtor owes a domestic support obligation, the Debtor shall distribute to the holder of that obligation a notice giving the holder twenty-one (21) days from the date of service to file an objection to the entry of discharge. A sample notice is available on the Court’s website. The Debtor shall file a certificate of service as to the notice that complies with S.D.Ind. B-9013-2.

(d)   Closing and Reopening

If no motion for entry of discharge is filed, the case may be closed without entry of a discharge after filing of the trustee’s final report. If the motion for entry of discharge is filed after the case has been closed, the Debtor must also file a motion to reopen the case. A filing fee to reopen the case must be paid with the motion.

(e)   Hardship Discharge

If the Debtor seeks a discharge pursuant to 11 U.S.C. §§1228(b) or 1328(b), then the Debtor shall file a Motion for Hardship Discharge and a Certification of Eligibility for Discharge.  A sample Certification is available on the Court’s website.  The Debtor shall serve the Motion for Hardship Discharge and the Certification of Eligibility for Discharge as required by subparagraph (c).