Official Procedure Last Change June 3, 2022

Debtor's Certification of Eligibility for Chapter 12/13/11 Subchapter V Discharge

How to file:  Location of event: Bankruptcy > Notices & Certifications > Certification of Eligibility for Chapter 12/13/11 Subchapter V Discharge Things to be aware of when filing: If the case was closed without entry of the Discharge, the Certification of Eligibility cannot be filed until the court has reopened the case.

S.D. Ind. B-4004-1

General Information

• Within 30 days of the trustee’s Notice of Plan Completion or Notice of Completion of 1192 Payments, the debtor must file both a Motion for Entry of Chapter 12/13/11 Subchapter V Discharge and, for each Debtor, a Certification of Eligibility. Failure to timely file the Motion and/or Certification may result in an Order of No Discharge. (Certification of Eligibility and DSO Notice are not required to be filed in non-individual Chapter 12 cases. Only the Motion for Entry of Discharge is required.)
• If only one Certification of Eligibility is submitted for one Debtor in a joint case, the discharge may be issued for that debtor only.
• If one Certification of Eligibility is submitted for both Debtors in a joint case the Bankruptcy Court will issue a Notice of Deficient Filing. If the deficiency is not cured, the court may issue an Order of No Discharge.
• The discharge will be issued by the court 21 days after all the above documents have been filed, if no objections have been filed.
• If an Order of No Discharge has been entered and the debtor wishes to receive a discharge, the debtor must file a Motion for Relief from Order in No Discharge along with the missing required documents.
• If the case is closed without entry of the Discharge, the debtor must also file a Motion to Reopen and pay the required filing fee before the Debtor can take the corrective action shown above to qualify for and receive the discharge. However, the Certification of Eligibility cannot be filed until the court has reopened the case.

See information on deceased debtors

Filing requirements

• It is recommended that the court's sample form be used.
• A separate Certification of Eligibility must be submitted for each Debtor in a joint case. Certifications of Eligibility for each Debtor may be filed either as an attachment to or concurrently with the Motion for Entry of Chapter 12/13/11 Subchapter V Discharge.
• Each Certification of Eligibility must be signed by the debtor to whom it relates.
• If there is a domestic support obligation (DSO), a copy of an objection notice to the DSO holder along with Certificate of Service must be included. Use of the court's sample form is recommended.
• Jointly Administered Chapter 12 Individual cases: The Motion for Entry of Chapter 12/13 Discharge and Certification of Eligibility should be filed on both the lead and member cases.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Notices & Certifications.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Certification of Eligibility for Chapter 12/13/11 Subchapter V Discharge from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select the appropriate radio button to indicate whether there is a domestic support obligation and click Next.

9. Ensure check box next to Motion for Entry of Discharge is marked. Click Next.

10. Objection to discharge date is calculated and displayed. Click Next.

11. Select prefix text, if applicable, and click Next.

12. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change July 1, 2021

Chapter 12/13 Discharges

11 USC 1328(a)

General Information

• The trustee shall file a Notice of Plan Completion after all payments have been received.
• Within 30 days of the trustee’s Notice of Plan Completion or prior to the trustee’s Final Report, whichever is later, the debtor shall file both a Motion for Entry of Chapter 12/13 Discharge and, for each Debtor, a Certificate of Eligibility. Failure to timely file the Motion and/ or Certificate may result in the issuance of an Order of No Discharge. (Certification of Eligibility and DSO Notice are not required to be filed in non-individual Chapter 12 cases. Only the Motion for Entry of Discharge is required.)
• A separate Certificate of Eligibility must be submitted for each Debtor in a joint case. Certificates of Eligibility for each Debtor may be filed either as an attachment to or concurrently with the Motion for Entry of Chapter 12/13 Discharge.
• The discharge will be issued by the court 21 days after all the above documents have been filed, if there is no objection.

See information on deceased debtors

Official Procedure Last Change October 16, 2012

Domestic Support Obligation Notice

How to file:  Location of event: Bankruptcy > Notices & Certifications > Domestic Support Obligation Notice Things to be aware of when filing: If the case was closed without entry of the Discharge, the Domestic Support Obligation Notice cannot be filed until the court has reopened the case.

S. D. Ind. B-4004-1

General Information

This event is used when a Motion for Entry of Discharge - DSO has already been filed, but the 21-day Objection Notice was not filed as part of that Motion. This event allows the separate filing of the Objection Notice without the need to re-file the entire Motion.

Filing requirements 

• Use of the Court's sample form is recommended.
• The Notice must specify:
  • A 21 day objection period from the date the Notice was served;
  • The address of the Clerk's office to which any objections must be sent.
• The Notice must be signed by the filing party.
• A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Notices & Certifications.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Domestic Support Obligation Notice from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the Motion for Entry of Discharge or Certification of Eligibility to which the objection notice relates and click Next.

9. Objection deadline is calculated and displayed. Click Next.

10. Select prefix text, if applicable, and click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change December 29, 2021

Hardship Discharges

How to file: Location of event: Bankruptcy > Motions, Applications & Briefs > Discharge, Motion for Hardship Things to be aware of when filing: The Certification for Eligibility and Certification of Financial Management course must be filed along with the Motion for Hardship Discharge unless the debtor for whom the hardship discharge is sought is deceased, in which case the requirement is waived.

11 USC 1328(b) FRBP 4007(d) S. D. Ind. B-4004-1(e)

General Information

Hardship discharges apply to Chapter 12 and 13 cases, and 11 Subchapter V cases, only.

Filing requirements

• Motion must be signed by filing party.
• A Certificate of Service must be included.
• It is not necessary to upload an order - the court will prepare one.
• The following documents must be filed along with the Motion (unless the debtor for whom the hardship discharge is sought is deceased, in which case the requirement is waived):
  • Certification for Eligibility (separate ones for each debtor are required on a joint case)
  • Certification of Financial Management course (must be filed as a separate docket entry)

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Discharge, Motion for Hardship from the event list and 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 (both debtors in a joint case) and click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

Note: The Debtor(s) Certificate of Eligibility and/or notice to domestic support obligation holder may be attached to the motion. A separate Certificate is required for each Debtor in a joint case, unless the debtor for whom the hardship discharge is sought is deceased, in which case the requirement is waived.

10. Select appropriate radio button regarding the Certification of Eligibility and click Next.

11. 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.

12. Select prefix text, if applicable, 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.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change June 3, 2022

Motion for Entry of Chapter 12/13/11 Subchapter V Discharge

How to file:  Location of event: Bankruptcy > Motions, Applications & Briefs > Discharge, Motion for Entry of Chapter 12/13/11 Subchapter V - No DSO or Discharge, Motion for Entry of Chapter 12/13/11 Subchapter V - DSO Things to be aware of when filing: If the case was closed without entry of the Discharge, the Motion for Entry cannot be filed until the court has reopened the case.

S. D. Ind. B-4004-1

General Information

• Within 30 days of the trustee’s Notice of Plan Completion or Notice of Completion of 1192 Payments, the debtor shall file both a Motion for Entry of Chapter 12/13/11 Subchapter V Discharge and, for each Debtor, a Certificate of Eligibility. Failure to timely file the Motion and/ or Certificate may result in the issuance of an Order of No Discharge. (Certification of Eligibility and DSO Notice are not required to be filed in non-individual Chapter 12 cases. Only the Motion for Entry of Discharge is required.)
• If an Order of No Discharge has been entered, the debtor must file a Motion for Relief from Order of No Discharge along with the missing required documents in order to receive a discharge.
• If the case was closed without entry of the discharge, the debtor must also file a Motion to Reopen and pay the required filing fee before the Debtor can take the necessary corrective action to qualify for and receive the discharge. The Motion for Entry of Discharge cannot be filed until the court has reopened the case.
• The Motion for Entry of Chapter 12/13/11 Subchapter V Discharge cannot be filed if the Notice of Plan Completion or Notice of Completion of 1192 Payments has not been filed, or if the Notice was filed but subsequently withdrawn.
• A single Motion for Entry of Chapter 12/13/11 Subchapter V Discharge may be submitted for both Debtors in a joint case. A Certificate of Eligibility for each debtor may be filed concurrently with or as an attachment to the motion.
• The discharge will be issued by the court after the expiration of the objection deadline as shown on the docket, if no objections have been filed.

See information on deceased debtors

Filing requirements

• It is recommended that the Court's sample form be used.
• A certificate of service must be included.
• A separate Certification of Eligibility for Chapter 12/13/11 Subchapter V Discharge must be filed for each debtor. View sample form
• If there is a domestic support obligation, a copy of an objection notice to the DSO holder along with Certificate of Service must be included. Use of the court's sample form is recommended.
• Jointly Administered Chapter 12 Individual cases: The Motion for Entry of Chapter 12/13 Discharge and Certification of Eligibility should be filed on both the lead and member cases.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select one of the following from the event list and click Next:

• Discharge, Motion for Entry of Chapter 12/13/11 Subchapter V - No DSO (if the Certification states that there is no Domestic Support obligation).
• Discharge, Motion for Entry of Chapter 12/13/11 Subchapter V - DSO (if the Certification states that there is a Domestic Support obligation - you will be required to attach a notice to the DSO holder).

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 party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

Note: The Debtor(s) Certificate of Eligibility and/or notice to domestic support obligation holder may be attached to the motion. A separate Certificate is required for each Debtor in a joint case.

10. Ensure check box next to Trustee’s Notice of Plan Completion or Notice of Completion of 1192 Payments is marked. Click Next.

11. Select appropriate radio button regarding the Certification of Eligibility (and notice to domestic support obligation, if applicable). Click Next. Review ECF notice, if presented, and click Next.

12. 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.

13. Select prefix text, if applicable, 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.

14. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change June 24, 2013

Request for Entry of Chapter 11 Discharge Prior to Completion of Plan Payments

How to file:  Location of event: Bankruptcy > Motions, Applications & Briefs > Discharge Pursuant to Sec. 1141(d)(5)B), Request for Entry of Chapter 11 Things to be aware of when filing: This event should not be used if a discharge is being sought after completion of all payments called for by the plan.

11 USC 1141(d)(5)(B) S. D. Ind. B-3022-2(b)

General Information

• A Request for Entry of Chapter 11 Discharge can be filed when an individual debtor is unable to complete the payment terms of the Chapter 11 plan but wants the discharge anyway. The Court will issue an objection notice and/or set a hearing.
• This event should not be used if a discharge is being sought after completion of all payments called for by the plan. In such an instance, an Application for Final Decree should be filed, which also serves as the request for discharge.

Filing requirements

• The Request must be signed by the filing party or their attorney.
• A Certificate of Service must be included.
• Moving party is required to upload a proposed order.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Discharge Prior to Completion of Plan Payments, Request for Entry of Chapter 11 from the event list and 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 party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (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. Select prefix text, if applicable, 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.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Official Procedure Last Change September 9, 2013

Tips on Denial, Revocation and "Restoration" of Discharge

Steps for Obtaining Denial or Revocation of Discharge

1. File an adversary proceeding.

2. If plaintiff elects to dismiss the adversary proceeding before an answer or response has been filed, file a Notice of Dismissal and serve that notice on the case trustee, the United States Trustee, any counsel that have appeared in either the adversary proceeding or the bankruptcy case, and any party that has intervened in the adversary proceeding pursuant to Fed.R.Bankr.P. 7024.

3. If a settlement is reached that does not include denial or revocation of discharge, file either a stipulation of dismissal or an agreed consent to judgment in the adversary proceeding.

• Use Stipulation of Dismissal if the dismissal is effective without further action by the debtor.
• Use Agreed Consent to Judgment if the debtor is required to take further actions to keep or receive the discharge.  In that agreement spell out the procedure that will be followed for denying/revoking discharge if the debtor fails to comply.

4. If filing a Stipulation of Dismissal, serve a copy on any case trustee, the United States Trustee, any counsel that have appeared in either the adversary proceeding or the bankruptcy case, and any party that has intervened in the adversary proceeding pursuant to Fed.R.Bankr.P. 7024.

5. If filing an Agreed Consent to Judgment, besides serving a copy on the parties listed in paragraph 4, also file a Motion to Compromise and Settle in the bankruptcy case, so that other parties receive notice of the terms of the settlement and have the opportunity to object.

Steps for Enforcing Terms of Settlement

If the debtor’s discharge was not denied or revoked but the debtor agreed to comply with certain terms or be subjected to denial/revocation of discharge, and the court entered an order approving that settlement after notice, then the settlement can be enforced in the case without reopening the adversary proceeding.

Example: Debtor agrees to remit funds due the estate, and agrees that if debtor fails to do so by date certain trustee can file notice of failure in the legal case, with service on debtor and debtor’s counsel, and if no response by debtor Court can enter order revoking discharge without further notice and hearing. Proposed settlement is filed in the legal case, and after notice the Court enters an order accepting the terms.  If debtor later defaults, trustee can proceed as agreed in the legal case - and discharge can be revoked without reopening the adversary proceeding or commencing a new one.

Steps for “Restoration” of Discharge

The proper procedure for giving back the debtors their discharge depends upon how denial or revocation occurred in the first place.

A. If denial or revocation of discharge occurred through an adversary proceeding:

1. File a Motion to Reopen the legal case if the case is closed. A reopening fee applies.

2. File a Motion to Reopen the adversary proceeding, if it has been closed. No reopening fee applies.

3. File a Motion for Relief from Judgment/Order in the Adversary case and upload a proposed order granting. It is not necessary to file the Motion in the legal case as well.

4. If the Motion for Relief from Judgment/Order is granted, then after entry of the order, the Court will issue a notice to all creditors advising that the discharge has been reinstated. Once that notice has been issued, file a Motion to Dismiss or a Notice of Dismissal of the adversary proceeding, as appropriate. Serve that motion or notice on any case trustee, the United States Trustee, any counsel that have appeared in the adversary proceeding, any counsel that have appeared in the bankruptcy case, and any party that has intervened in the adversary proceeding pursuant to Fed.R.Bankr.P. 7024.

B. If denial or revocation of discharge was as a result of the debtors’ default on an agreed entry, and that agreed entry was properly noticed and approved in the legal case:

1. File a Motion to Reopen the legal case if the case is closed. A reopening fee applies.

2. File a Motion for Relief from Judgment/Order as to the order that revoked the discharge and upload a proposed order granting.

3. If the Motion for Relief from Judgment/Order is granted, then after entry of the order, the Court will issue a notice to all creditors advising that the discharge has been reinstated.

Official Procedure Last Change November 22, 2013

Waiver of Discharge

How to file: Location of event: Bankruptcy > Miscellaneous > Waiver of Discharge Things to be aware of when filing: Requesting a waiver of discharge is a serious decision that has significant effects on the debtor's rights. Be sure that this is the event that you really want to file.

11 USC 727(a)(10)

General Information

Filing requirements

• The waiver must be signed by the debtor. Signature of the debtor's attorney alone is not sufficient.
• The waiver must be filed in the legal case, not in an adversary proceeding.
• It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Waiver of Discharge from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. 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.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.