Motion to Defer Entry of Discharge

General Information

• If the debtor wishes to defer entry of their discharge, for example, to allow more time to file a Reaffirmation Agreement, they may file a Motion to Defer Discharge.

• The Court will grant a 30-day extension without the need for notice or a hearing.

• Only the debtor can file a Motion to Defer Discharge. If any other party wishes to defer the discharge for some reason, they must file an appropriate Motion depending on the reason for the deferral sought. For instance, to file an extension of time to file a complaint objecting to discharge pursuant to Fed.R.Bankr.P. 4004(b), a Motion to Extend Time to File Complaint should be filed. To file an extension of time to file a reaffirmation agreement, a Motion to Extend Time to File Reaffirmation Agreement should be filed.

Filing Requirements

• Motion must be signed by the filing party.

• It is not necessary to upload a proposed order - the Court will prepare one.

Step-by-Step Procedures:

1. Log into CM/ECF

2. Select Bankruptcy > Motions, Applications & Briefs

3. Enter the case number (e.g. xx-xxxxx). Click Next

4. Select Defer Entry of Discharge, Motion to from the event list. Click Next

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney, click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the debtor(s) from the party list and click Next

9. Browse to select the Motion (pdf file).  Click Next

10. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

11. Enter additional text, if desired, and/or select prefix text and click Next

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.

12. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

Curing Deficiencies

If the Motion is deficient, an amended Motion must be filed prior to the deficiency deadline using the instructions above, or the Motion may be stricken.